Health and Welfare

Consult Emeritus Legal when drawing up a Health and Welfare Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney (LPA) gives one or more trusted persons the legal power to make decisions about your health and welfare if you lose capacity. The person who grants power is known as the ‘Donor’ and the person appointed to make decisions is the ‘Attorney’.

Your Attorney can make decisions about anything to do with your health and welfare such as:

This arrangement comes into play in the event that the individual loses the mental capacity to make such decisions or the physical capacity to carry out the work involved in managing their affairs. Without an LPA no person has the right to step in and assist in this way and it is for this reason that an LPA should be seriously considered.

A Health & Welfare LPA allows your Attorney to make care decisions on your behalf; this covers very extensive matters such as where you might wish to be cared for, what you like to eat, your religious feelings, whether to give or refuse consent to medical treatment on your behalf and deciding where you live. The most important matter that a Health & Welfare LPA could also extend to, if you wish and specify in the LPA, is allowing your Attorney to give or refuse consent to the continuation of life-sustaining treatment.

In order to prepare your LPA we will require specific information about your personal details and wishes. Amongst other things, we will require information in respect of whom you would like to make decisions about your health and welfare on your behalf and how they should conduct themselves when doing so.

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