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If you or a loved one are approaching a stage in your life where certain decisions cannot be made due to mental capacity, a Lasting Power of Attorney (LPA) is a safe and reliable way to ensure those decisions can be made with your best interests in mind.
A Health and Welfare LPA is one of two types of Lasting Power of Attorney. In this particular type of document, your attorney has the ability to make decisions on the following matters:
*You must decide whether or not you would like your attorney to make decisions in regards to life-sustaining treatment. Should you decide not to have your attorney make this decision, it will be carried over to your healthcare advisors. Further action can be taken via an Advance Decisions to Refuse Treatment.
A Lasting Power of Attorney is commonly used when you are unable to make your own decisions and there are many reasons why this might happen. Whether it’s due to a mental health condition, dementia, a stroke or even a severe brain injury; these types of events can impact your day to day life significantly and your decision making as well.
Choosing a Health and Welfare LPA can be a reassuring option for times when you are unable to make key decisions on your health and wellbeing that you would otherwise be able to make.
The Health and Welfare Power of Attorney will not come into effect until it has been fully determined that you are no longer able to make decisions for yourself. Even if this has a short-term impact, your attorney will only make decisions for you once this has been confirmed.
We cannot assume you have lost your mental capacity and so this has to be proven first. This falls under the Mental Capacity Act (MCA) which has been specifically designed to protect those who cannot make decisions by themselves.
The decisions covered in this act include not just daily decisions such as what you wish to wear but also more concerning situations that may impact your life, i.e having surgery or if you should remain at home or move to a more monitored location such as a care home.
To ensure you register your attorney correctly, our Private Client team can help you through the process.
Yes, there is a Court Fee of £82.
If you would like more information in regards to the application process, please visit our main Lasting Powers of Attorney service page or feel free to contact our Lasting Powers of Attorney Solicitors for guidance and advice.
At K J Smith Solicitors, our Estate Planning & Wealth Management team are members of the Society of Trust and Estate Practitioners (STEP), an internationally recognised organisation whose members consist of accountants and lawyers and who are specially qualified to advise on and assist with Estate Planning & Wealth Management matters.
We offer a free initial 15 minute telephone appointment to give you the opportunity to speak to us about a Lasting Power of Attorney, before deciding if you wish to proceed in instructing us to act on your behalf.
Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames Head Office), 0118 418 1000 (Reading), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 023 8200 2111 (Southampton), 01727 295 555 (St Albans) or email info@kjsmith.co.uk.
We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, and High Wycombe.
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