Why is the Health and Welfare LPA often forgotten?

A surprising number of people appear to prioritise the Property and Financial Affairs of Lasting Power of Attorney (LPA), often overlooking the Health and Welfare LPA.

In 2020/21, only 282,883 Health and Welfare LPAs were registered compared to 353,745 Property and Financial Affairs LPAs – just 44% of total registrations (source: Canada Life).

This difference suggests a lack of understanding about the importance of the Health and Welfare LPA and how it can provide vital protection.

We’re increasingly receiving painful calls from children whose parents have had a stroke, been hospitalised, or lost the ability to communicate, sometimes with very little forewarning.

The question remains: “Did Mum or Dad set up a Health and Welfare document?”

This is asked at an obviously extremely stressful and emotional time already. When the answer is no, this compounds the additional pain your family members will already be facing.

The Common Misconception

Many people mistakenly believe that preparing a Property and Financial LPA is sufficient, but this oversight can lead to heartbreaking situations for families.

Unlike its financial counterpart, the Health and Welfare LPA is only activated if you lose mental capacity. It allows your trusted attorneys to make critical decisions about medical treatment, care arrangements, and life-sustaining measures.

It’s vital to prepare this document while you are well and have full mental capacity. Once set up, it doesn’t need renewing – it’s a one-time safeguard for the rest of your life. However, it takes time to prepare and register, so it’s essential to act now rather than waiting for the unexpected as it may be too late.

I’m Healthy – Why Should I Consider an LPA Now?

The importance of the Health and Welfare LPA was highlighted during the pandemic when many young intubated adults could not communicate their wishes without this safeguard in place. Many people associate losing capacity with the older generation, but the truth is that anyone at any age could face circumstances that impact their ability to make decisions.

Accidents such as falls, car accidents, or unexpected medical emergencies can result in a sudden loss of capacity. It’s not just about age; life is unpredictable, and these situations can happen to anyone.

Why is preparing a Health and Welfare LPA so important?

As life expectancy increases, so does the likelihood of losing capacity in later life. Dementia alone affects around 1 in 14 people over the age of 65 (source: Alzheimer’s Society). Stroke statistics are equally sobering, with approximately 100,000 people experiencing a stroke each year (source: Stroke Association).

Having a Health and Welfare LPA ensures your wishes are followed when you cannot voice them. For instance, your attorneys can make decisions about:

Where you receive care, such as by remaining at home or moving into a residential facility.
Medical treatments, including preferences for or against certain medications.
Day-to-day care, such as dietary choices and routine activities.

Without this document, loved ones may feel unheard, unable to legally enforce what you would have wanted, which, in turn, causes more stress with potential delays and decisions made by third parties that you wouldn’t have wanted.

How can April King Legal help?

At April King Legal, we specialise in crafting bespoke estate plans that include both types of LPAs. Our experienced team can ensure your wishes are clearly documented and legally enforceable, giving you peace of mind and protecting your voice when it matters most.