Many people assume that if they lose mental capacity, their spouse or family automatically has the right to make decisions for them. In fact, this is not the case.
To ensure your wishes are followed if you become unable to communicate, you can create specific legal documents. One is a Lasting Power of Attorney, or LPA, and the other is an Advance Decision to Refuse Treatment. They cover issues that do not form part of your will.
Advance Decision
Sometimes known as a Living Will, this lets you specify which medical treatments you do not wish to receive in the future. Once properly signed and witnessed, it becomes legally binding. Healthcare professionals must respect your instructions, even if they personally disagree. Ignoring a valid Advance Decision can lead to legal consequences.
Health and Welfare
A Health and Welfare LPA, by contrast, allows you to appoint a trusted person-known as your Attorney-to make decisions on your behalf about healthcare, personal welfare and life-sustaining treatment if you choose. The Attorney must act in your best interests, considering your known wishes and values.
Finance and Property
There is another document, a Financial LPA, which authorises the appointed attorney to conduct your financial and property affairs.
Whether you want to provide for your future health, money or both, you can apply for a Power of Attorney online. Alternatively, you can instruct a professional service provider such as https://powerofattorneyonline.co.uk.
You may hold all three documents, but they must be consistent. Having them properly aligned provides certainty and ensures your medical preferences are respected.