Living Wills

Jane Flaherty, a Solicitor in the Wills, Probate, Tax and Trusts Department was recently on Radio Lancashire discussing Living Wills.

The interview took place as a result of a report which was recently published which suggests a third of acutely ill patients in hospital are not getting the best care and may be subjected to resuscitation attempts that prevent them dying with dignity.

Jane was interview by Ted Robbins and discussed living wills/advance directives and Welfare Lasting Power of Attorney.

A Welfare Lasting Power of Attorney (LPA) is a legal document that allows someone (the donor) to appoint another person or persons (the attorney(s)) to make welfare decisions on their behalf.

More specifically a Health and Welfare Lasting Power of Attorney enables an attorney to make decisions about social care issues and medical treatment, including life sustaining treatment. This type of power of attorney can only be used when a person no longer has the capacity to make those decisions.

A living will  is usually a written document made by a competent person expressing their preferences about medical treatment in the event of becoming incapable of making and communicating a treatment decision. A Living Will can also appoint someone else to make a treatment decision.

A solicitor is needed to draw up a living will or LPA and these are bespoke based on the needs and wants of the individual. The solicitor would also explain the practicalities of the document so that it isn’t merely a document that is created and put to one side.

This entry was posted in Wills, Tax, Trusts and Probate.

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