5 Reasons Why You Need a Health LPA Even If You Have a Financial EPA

At Yates Legal, we often encounter clients who believe that having a financial Enduring Power of Attorney (EPA) is sufficient for all their future needs. However, this is a misconception. While a financial EPA is used to manage your financial matters if you lose mental capacity, it does not cover decisions related to your health and personal welfare. For that, you need a Health and Welfare Lasting Power of Attorney (LPA).

Here’s why:

A financial EPA allows your appointed attorney to handle your financial affairs, such as managing bank accounts, paying bills, and handling investments. However, it does not grant them the authority to make decisions about your where you should live, medical treatments, or personal welfare. A Health and Welfare LPA, on the other hand, specifically covers these areas, ensuring your health-related wishes are followed.

Without a Health and Welfare LPA, medical professionals will make decisions about your treatment based on what they believe is in your best interests. While they will consult with family members, the final decision rests with them. Your spouse does not legally have the right to make decisions for you if you lose mental capacity, even if you call them your ‘next of kin’ on your medical records. A Health and Welfare LPA allows your chosen attorney to make these decisions, ensuring they align with your preferences and values.

Decisions about where you live and the care you receive are also outside the scope of a financial EPA. If you need to move into a care home or require home-based care, a Health and Welfare LPA ensures your appointed attorney can choose the best option for your needs and wishes.

A Health and Welfare LPA can include instructions about your end-of-life care, such as your preferences for life-sustaining treatments. This ensures your wishes are known and followed, providing peace of mind to you and your loved ones. With your permission, your attorney can accept or refuse life-sustaining treatment on your behalf. Without a Health LPA, there is no legal authority for anyone other than medical professionals to make such decisions on your behalf.

While EPAs can no longer be created (having been replaced by LPAs in 2007), existing EPAs remain valid. However, they lack the comprehensive coverage provided by a Health and Welfare LPA. Ensuring you have both types of LPAs in place means your financial, health, and personal welfare decisions are all covered by legally appointed attorneys.

At Yates Legal, we recommend that all our clients create both a financial LPA and a Health and Welfare LPA. This dual approach ensures that every aspect of your life is managed according to your wishes if you lose mental capacity.

Contact us today on 0161 900 3563 for more information, and to schedule a free consultation to discuss how we can help you put these essential documents in place.