Thinking forward to a time when you may not be able to look after yourself can be uncomfortable, but planning ahead can give you the peace of mind you need to enjoy life to the full. Illness and injury can happen at any age, but knowing that you’ll always be cared for as you would wish can make the unpredictable seem less frightening. Most of us know that we need to make a Will to protect our family and estate once we’re gone, but there are other documents that are just as important because they protect you whilst you’re alive. The most beneficial documents in this area are a Lasting Power of Attorney Health & Welfare and a Lasting Power of Attorney Property & Financial Affairs, as they give your loved ones the power to look after you in your time of need. However, there is also a document called a Living Will or Advance Decision, and in this guide, we’ll explain the difference between these documents so you can decide how best to protect your future.
What is a Living Will?
A Living Will, sometimes known as an Advance Decision, is a document that allows you to detail any medical treatments that you would not like to receive in the future, in case you are unable to make these decisions for yourself at the time. A Living Will can be made by anyone over the age of 18 who has the mental capacity, but you must be clear about which treatments you are refusing and your reason for doing so.
What is a Lasting Power of Attorney Health & Welfare?
A Lasting Power of Attorney Health & Welfare is a document that gives your chosen ‘attorney’ the power to make decisions on your behalf if you’re ever unable to do so yourself. Your attorney will be able to manage things like your day to day care (such as what you wear and eat), where you live, and what medical treatments you should or shouldn’t receive. To learn more about how a Lasting Power of Attorney Health & Welfare works click here.
What is the Difference Between a Living Will and a Lasting Power of Attorney Health & Welfare?
A Living Will only gives you the right to refuse certain medical treatments in the future. You cannot use a Living Will to consent to medical treatments or to give instructions about other areas of your health and welfare.
A Lasting Power of Attorney Health & Welfare (LPA) gives your attorney the authority to refuse or consent to specific medical treatments, including ‘life-sustaining’ treatments. You can give guidance or instructions in your LPA for your attorney to follow, or allow them to use their own judgement based on your best interests.
An LPA also allows your attorney to make decisions regarding other areas of your health and welfare. Even with a Living Will in place, if you don’t make an LPA, your day to day care and living arrangements will be in the hands of social services and your loved ones won’t have the power to intervene.
As an example of what can happen if you don’t make an LPA, click here and scroll down to Ylenia Angeli’s story. Ylenia’s mother was lonely at her care home and the family decided she would be better off living with them; but because she had lost mental capacity and had not made an LPA, social services had complete control over where she should live. Ylenia was subsequently arrested for taking her mother home with her, and her mother was returned to the care home against the family’s wishes.
The Bottom Line
Planning ahead to a time when you may not be able to look after yourself can give you peace of mind and allow you to enjoy life to the full. You can make documents whilst you have the mental capacity that ensure you’ll always be looked after by the people who love you.
Although a Living Will can allow you to refuse certain medical treatments in the future, a Lasting Power of Attorney Health & Welfare (LPA) provides a far greater range of powers. With an LPA, you can give your chosen ‘attorney’ the authority to refuse or consent to medical treatments (including life-sustaining ones) and include instructions for them to follow if you wish. You can also give your attorney the power to manage your day to day care and living arrangements – which would otherwise be in the hands of social services.
It’s common to take out a Lasting Power of Attorney Property & Financial Affairs at the same time, as this will enable your attorney to manage your assets, bank accounts, insurance policies and utility bills – ensuring that all areas of your life are in the hands of the people you trust the most. You can learn more about a Property & Financial Affairs LPA here.
At Michael Usher Wills & Estate Planning, we’ve been helping our local community with LPAs for over 30 years. Not only is it easier to make both LPAs at the same time, but we also offer a discount when doing this, making it the most popular and cost-effective option. Please get in touch and our friendly team of experts will answer all of your questions for free. Call us on one of the numbers below or book a FREE consultation here. We look forward to helping you and making sure you and your family are fully protected.
Camberley: 01276 691979
COVID-19 Update
You are more than welcome to come into our office, but we can also make your Lasting Power of Attorney remotely if you’d prefer. The article below details how this works for our Wills service but the process is very similar when making an LPA. The only difference is that you require just one witness when signing your LPA (we can act as your witness if you need us to). If you would like to make your LPA remotely, please click on the link below for more information or call us to get started.
