Graysons Solicitors In The Press

Get Your Affairs In Order

The new Lasting Power of Attorney (LPA) arrived on October 1st 2007, and brought with it big changes in the law which governs how decisions are made in relation to someone who has lost mental capacity. With a growing elderly population, the number of people suffering from Alzheimer’s and other forms of dementia is increasing quickly and an LPA is one way of preparing for the future.

The philosophy behind the law change is that even those people who lack capacity should be empowered to have a say in decisions about matters which affect their lives. The new legislation also provides them with greater protection. It has previously been possible to appoint someone in advance to be responsible for handling property and finances and this is still available in a revised form. However, the new law brings with it, for the first time, the option of appointing someone to make decisions relating to personal welfare, including healthcare and even end of life treatment.

David Coffey, partner at Graysons solicitors explains, “Many people are concerned about what will happen to them in the event that they cannot make decisions for themselves. The new personal welfare LPA provides the opportunity for them to have some say in their future care, and to state what type of medical treatment they would want or not want.”

The person making the LPA, the donor, will often appoint a family member or friend, the attorney, to be responsible for making decisions for them in the future. It is possible to appoint one person to act, or to name more than one person and specify different areas that each can make decisions about. It is also possible to specify that decisions should be made jointly by both attorneys. A personal welfare LPA can only be used once it has been registered with the Office of the Public Guardian and also, importantly, after the donor has lost mental capacity.

They offer broad scope for making decisions in a number of areas. These include:

• Where the donor should live and who they should live with
• The donor’s day to day care, including diet and dress
• Consenting to or refusing medical examination and treatment on the donor’s behalf
• Who the donor may have contact with
• Rights of access to personal information about the donor

Many other areas are included; however, at the time of making the LPA the donor may wish to modify the scope of the power. For example, the donor may not wish their attorney to have power to decide who the donor has contact with. This can be stated in the LPA at the outset so that it is clear which decisions the attorney is allowed to make.

An attorney can only consent to or refuse life-sustaining or life-prolonging treatment on behalf of the donor if expressly authorised to do so by the LPA. The attorney is duty bound to act in the best interests of the donor at all times, and in cases of end of life treatment should consult with carers and family members who have an interest in the donor’s welfare. Of course, no attorney can be given power to demand that treatment be given if the medical staff in charge of the donor’s care do not believe it to be necessary.

“The new LPA provides people with the ability to exercise a much greater degree of control over their future care in the event of loss of capacity,” says David. “Making a personal welfare LPA needs careful consideration beforehand and may involve consultation with family members and medical practitioners. Once someone has decided to go ahead with an LPA they should consult a specialist solicitor who will advise them on the legal issues and prepare the documentation.”

David Coffey can be contacted at Graysons on 0114 2729184 or via www.graysons.co.uk

Read more about Lasting Powers of Attorney