Many people do not understand the difference, and it's clear why!
A Living Will (often referred to as an Advance Decision or an Advance Directive) is a legally binding document recording the decisions you have made about your health and care needs should you not be able to make decisions regarding healthcare and medical treatment in certain situations.
A Lasting Power of Attorney (LPA), which is also legally binding, is the power you give to others to make health and care decisions on your behalf if you were to lose mental capacity. (These individuals are referred to as ‘attorneys’).
There are two types of LPAs. One is for property and financial affairs and another for health and welfare and they only come into effect when registered with the COP and, in the case of a health and welfare, when you lose mental capacity.
These are some common questions in relation to these documents:
Can I Have Both a Living Will and a Lasting Power of Attorney?
Yes, you can have both documents, however the order in which the documents are signed affects their validity. It's very important that you discuss with your adviser the following:
What do you want achieve? How much discretion do you want your family and medical professionals to have? What are the implications of creating both documents?
Why Have a Living Will?
There are many reasons why you may want to create a Living Will:
For example, if you hold strong views about a health situation or if you have a life-limiting illness and want to ensure your wishes are met, and to record your views on life-sustaining treatment
If I Have a Living Will, Why Also Bother With a Lasting Power of Attorney?
A Living Will records your wishes only about medical treatment. A Lasting Power of Attorney records your wishes as to medical treatment, but also records other welfare matters, such as where you live, and other general welfare needs. The LPA appoints attorneys to make these decisions for you. An LPA also puts the attorneys in a position where they can complain about the health or welfare treatment you are receiving.
What are the Advantages and Disadvantages?
If you have a Living Will and your views about life-sustaining treatment change or there are developments in health care treatment, the Living Will is still valid and its terms will be implemented even if your views later change and you have not had the opportunity to change the document.
With an LPA, you can voice your preferences to your attorneys. If these change over time then your attorneys will be able to decide what your wishes were based on past instructions and the current developments.
However, if you give power to your attorneys in a Lasting Power of Attorney to make decisions about life-sustaining treatment, then you do lose an element of control, as your attorney can make the decision about life-sustaining treatment. With a Living Will, you are still in control.
No one wants to think about losing mental capacity, but thinking about it now provides reassurance that your wishes will be adhered to.
Many want to avoid talking about what would happen if their life took a turn for the worse, but I believe it’s vital that individuals ensure their loved ones are fully informed about the path they wish to take.
For more information or to make an appointment, call to speak to Amanda Lipman on 0191 265 5003
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