When it comes to planning ahead, most conversations about Lasting Powers of Attorney (LPAs) tend to focus on the financial side. The mainstream media often highlights the risks of not having a Property and Finance LPA, but the Health and Welfare LPA is just as vital — and yet it is often overlooked.
So which is more important: Property and Finance, or Health and Welfare? The truth is that both are essential. While many people now understand the benefits of safeguarding their finances, fewer realise how much security a Health and Welfare LPA can provide.
What happens if you don’t have a Health & Welfare LPA?
If you lose mental capacity and do not have a Health and Welfare LPA in place, your family could face difficult and frustrating circumstances. Without your express instructions, the following can happen:
- Social Services may take the lead in deciding where you should live and what care you receive.
- Only your legal next of kin would be consulted about major medical decisions such as resuscitation or life-sustaining treatment — but they might not have the final say.
- In some cases, decisions may need to be made by the Court of Protection, which is not only stressful but also time-consuming and expensive.
This means that the people who know you best may not be able to make the choices you would have wanted.
How a Health and Welfare LPA can help
Unlike a Property and Finance LPA, a Health and Welfare LPA can only be used once you no longer have capacity to make decisions yourself. At that point, your chosen attorneys can make crucial decisions about your:
- Daily routine (such as washing, dressing, or eating)
- Medical treatment and care
- Whether you should move into a care home
- Consent to life-sustaining treatment
With conditions such as dementia and Alzheimer’s becoming more common in the UK, it’s essential to plan ahead. Having the right people in place ensures that your personal welfare decisions are handled by those who truly understand your wishes.
Why you need both LPAs
Some people assume that a Property and Finance LPA is enough. However, financial protection only covers part of the picture. To make sure your preferences about both your money and your personal care are respected, you should have both LPAs in place.
At Viva Planning, we see first-hand how valuable it is for families to have the right legal protections. By setting up both types of LPAs, you can ensure that your wishes are considered across every aspect of your life.
Final Thoughts
A Health and Welfare LPA should never be the “poor relation” of estate planning. It is the safeguard that ensures your voice is still heard — even when you can no longer speak for yourself.
At Viva Planning, our experienced advisors make the process straightforward, giving you the confidence that your future is secure and your wishes will always be respected.
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