Lasting Power of Attorney - Health & Welfare (LPA-HW) - from £44.99+VAT
Everybody who makes a 'Lasting Power of Attorney - Property & Financial Affairs' ('LPA-PA') should also make a 'Lasting Power of Attorney - Health & Welfare' ('LPA-HW') for one reason :-
These decisions can only be taken on your behalf when you lack the capacity to make them yourself,
for example if you are ill, unconscious or because of the onset of a condition such as dementia.
What if I don't have an LPA-HW?
The consequences of not having an LPA-HW are similar to those of not having an (LPA-PA):-
If for any reason you suddenly become unable to make your own decisions, e.g.
... then an application has to be made (by a relative or other person
close to you) to the Court of Protection. This can take up to 10
months and cost up to £1,000 (or even more) to
process - during which time no important decisions regarding your healthcare could be
made other than by a doctor treating you - and the person eventually appointed to make decisions on
your behalf is not only unlikely to be who you would have chosen, but may even be a Court Official - who can (and will) charge
every time he/she acts for you.
Exactly what can my Attorneys do?
What your Attorney(s) can do will depend on the powers that you give them when making your LPA-HW.
If you include no restrictions in your LPA-HW, then your Attorney(s) will be able to make any decisions regarding your personal welfare that you would have been able to make, such as :-
However, they cannot just do whatever they like. They will only be able to make decisions that are in your best interests and they will only be able to make them if they are able to establish that you are unable to make them yourself. They must follow the principles of the Mental Capacity Act 2005 Code of Practice at all times when acting.
You can also specify yourself what your Attorney(s) can do. All you have to do is specify 'restrictions and/or conditions' when creating the LPA-HW - for example, you may include a restriction that your Attorney(s) cannot make decisions about the treatment of a particular illness you may have.
Additionally, you are able to specify in your LPA-HW whether or not
your Attorney(s) are permitted to give or refuse consent to life-sustaining treatment on your behalf.
There is a special section for this in the LPA-HW document, which you sign
separately when signing the LPA-HW.
What are the safeguards?
When choosing an Attorney, it is important that you are confident that they know what you want and that you are comfortable that they will be making decisions on your behalf. However, there are safeguards to protect you. Safeguards already built in to an LPA-HW include :-
What if I already have a Living Will?
If you made an 'Advance Decision' (sometimes known as a ‘living will’) before 1st October 2007 then it may still be valid. However, you should check that it meets the new rules (i.e. the Mental Capacity Act 2005) - particularly if it deals with life-sustaining treatment. More detailed guidance on this is available at www.dh.gov.uk/consent.
How much does an LPA-HW cost and how do I make one?
The cost of an LPA-HW at tenminutewill.co.uk is £44.99+VAT for a Single LPA-HW, and £79.99+VAT for a pair of LPA-HWs.
There is a discount of £10+VAT
if you buy a Will and an LPA-HW together
(or if you buy an
LPA-PA and an LPA-HW together) and
a discount of £20+VAT if you buy all 3 products together (Will,
LPA-PA and LPA-HW).
here for our full Price List.
(c) When you get to the LPA-PA section, enter all of the details required to draft an LPA-PA. Don't worry - if you don't actually want to purchase an LPA-PA then you won't have to. However, the details you enter are copied into your LPA-HW so none of the effort required is wasted time. When you have finished the LPA-PA, select the option to create an LPA-HW.
(d) We then take all of the pain out of the process of drafting the LPA-HW, condensing it into a few simple questions for you to answer and then creating your LPA-HW document for you based on your answers.
If you are on low income or benefits or in some similar situation, you may be able to apply for a 50% or even 100% reduction of this fee. See here for further details.
Registering the LPA-HW is your responsibility (although to help you we make blank registration forms available for download from our
website) and can be done at any time between the LPA-HW being made and the moment that it is
required to be used. Therefore the registration fee is not a cost you need to incur straight away -
indeed if the LPA-HW is never required to be used then it need never be incurred at all.
To Make an LPA