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Have you considered who would make decisions about your day to day life and personal wellbeing if you are not able to? Have you thought about who might be voicing your wishes and concerns at a time when you no longer can?
Recent months have forced us to address the possibility of falling ill or becoming incapacitated and question the care we may receive and those who will advocate for us. Here we highlight some case studies where not having a Health and Welfare LPA in place could have resulted in very different and unwanted outcomes..
Case study one
Mrs M lives alone. She has three children, but they do not live locally. Mrs M had a fall which put her in hospital. She recovered well and was discharged home. As part of the discharge process, a social worker came to visit Mrs M at her home. They got talking and Mrs M said that she was pleased she was home safe and well as the thought of going into residential care worried her greatly, especially because her children were not close by. The social worker asked if Mrs M had a Health and Welfare LPA and Mrs M told her she only felt the need to put in place a Property and Financial Affairs LPA. The social worker suggested Mrs M put in place a Health and Welfare LPA too, and explained that without one social services could make a decision without involving Mrs M's family. Mrs M made a Health and Welfare LPA appointing her three children as her attorneys to ensure that if ever she was unable to make such decisions then her children could.
Case study two
Case study three
This article was written by Emma Thorpe, Associate in the Private Client Team at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of October 2020.