What’s the difference between a Health and Welfare and a Property and Financial Affairs Lasting Power of Attorney (LPA)?

There are two types of LPA:

  • The Property and Financial Affairs LPA
  • The Health and Welfare LPA

Let’s take a look first at the Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows you to appoint someone to make decisions about the way your property affairs are managed and how your money should be spent. It’s a good idea to choose someone who is used to dealing with money and has a good head for figures.  However, the most important factors in deciding about who to appoint are whether the person is honest, whether they would act in your best interests, and crucially, whether you trust them implicitly.

Decisions about your property and financial affairs can be made by attorneys at any time after the LPA is registered with your consent whilst you have mental capacity or without your consent if you have lost capacity to do so.

Health and Welfare LPA

A Health and Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This may include decisions to refuse or consent to treatment on your behalf and deciding where you live.

You don’t have to appoint the same Attorney for both LPAs. It could be a good idea if the person who decides on your Health and Welfare really understands about your emotional needs. It is often a close relative that takes this role.

Decisions about your health and welfare can only be made on your behalf after the LPA is registered and you lack the capacity to make the decisions yourself. This is a small but often overlooked difference between the two types of LPA.  Essentially, you cannot delegate decisions about your health & welfare whilst you are able to make them yourself.

If you would like further advice regarding LPAs, please contact us on 01202802807 to arrange a free initial no-obligation consultation with one of our expert solicitors, Paul Solomons or Alexandra Livesey. At Solomons we offer clients who make a new will or have an existing will with us a 10% discount on our LPA fees.

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