Health And Welfare LPA

Question 1

Explain the circumstances in which the children will be required to act as attorneys under the H&W LPAs (5)

Answer 1

• if donor revoked power under LPA
• if attorney loses mental capacity
• if nick and Jane divorce
• unless LPA wording allows them to continue as attorneys
• if the CoP agrees the attorney is not acting in the donor beat interests

Question 2

Explain why you have recommended they should set up a H&W LPA appointing each other as attorneys and the children as replacement attorneys (8)

Answer 2

• existing LPAs do not cover health care decisions
• without and LPA a doctor is likely to consult the family
• but does not need to follow their wishes
• the doctors decision can be challenged in a court
• or family can apply to CoP to have a deputy appointed
• but is time consuming and costly
• by establishing LPA with each other as attorneys they can be sure they have someone who understands their wishes acting for them
• the H&W LPA can also include instruction on donors wishes for care
• replacement attorneys are are needed so the LPA does not end of the attorney is unable to act on the donors behalf