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Health And Welfare Lasting Power Of Attorney And A Living Will – What’s The Difference?

Health and Welfare Lasting Power of Attorney and a Living Will – what’s the difference?

Firstly, we are sure that you have a Health and Welfare Lasting Power of Attorney (LPA) in place already. However, a few Clients have queried the difference between an LPA and a Living Will, so we wanted to provide some clarity.

A Health and Welfare LPA is a legal document drawn up to be used in the event of an individual becoming mentally incapable. The document nominates Attorneys to act and make decisions on behalf of the Donor – the person who has created the LPA. The Attorneys have the power to make decisions on behalf of the Donor about their Health and Personal Welfare, which also includes medical treatment and care.

A Living Will, which is also known as an Advance Directive, is a written statement allowing someone to express their wishes regarding aspects of their care, such as refusal of medical treatment. It is a binding legal document; therefore Medical Professionals must follow the documented instructions.
In summary, a Health and Welfare LPA will allow Attorneys to make decisions on a Donor’s behalf, whereas a Living Will is a set of binding instructions directly from the Donor.  In some cases, it is possible to use both documents to ensure that wishes are adhered to in the event of loss of capacity.

Did you know that one person in the UK develops dementia every three minutes? Your children are treated by the law as adults from their 18th birthday. If they have an accident or illness that suddenly prevents them from having the mental capacity, well what then?

Unless you or your adult children have a Lasting Power of Attorney in place, your loved ones will not be able to act on your behalf and will potentially be prevented from carrying out your wishes about your care and medical treatment? If you don’t already have a Health and Welfare LPA, then there’s no time like the present!

There are of course two types of Lasting Powers of Attorney: Property and Affairs, and Health and Welfare. A Property and Affairs LPA allows elected Attorneys to deal with the Financial aspects of the Donor’s Estate. If you haven’t yet set these up, please contact the office and a member of the team will be able to discuss them with you and put them in place immediately.

Redwood is one of the Souths’ leading Pensions, Investments, Wills, Trusts & Estate Planning providers and we are dedicated to helping families to grow, protect and enjoy their wealth. With our unrivalled knowledge of Estate Planning and Probate, we can advise on any situation. Join us at one of our Free Public Information Seminars: Book online Book Me A Place!Call us on 01489877 547 or Email to book a FREE Initial Meeting with us to review your financial planning needs.