You have the private healthcare plan, but who is making the decisions?

This can be a startling prospect. Imagine being critically unwell, and the people you trust the most are powerless to act. Without an LPA:

• Your family could have no legal say in your healthcare, treatment, or finances.
• Decisions would be made by professionals unfamiliar with your values, priorities, and lifestyle.
• Your loved ones might feel helpless at the moment when their guidance is needed most.

An LPA ensures that your voice continues to be heard, even when you are unable to speak on your own behalf.  There are two types of LPA: Health & Welfare and Property & Financial Affairs, and you can choose the same or different people to act for each, as they are two separate documents. In both cases, by appointing someone you trust, an attorney, you guarantee that the people who understand you, respect your wishes, and will act in your best interests are able to make decisions on your behalf.

Why appointing an attorney under an LPA matters

1. Stay in Control
LPAs allow you to choose who makes decisions for you, rather than leaving it to the courts or local authorities. You decide who has the authority to manage your health, welfare, property and financial affairs, ensuring that your trusted loved ones are in charge.

2. Avoid delays and distress
Without LPAs, your family may need to apply to the Court of Protection for Deputyship. This process is often lengthy, costly, and emotionally draining. For health and welfare matters, court approval is extremely rare, meaning there is often no fallback if an LPA is not in place. By creating LPAs, you remove unnecessary bureaucracy and give your attorney the legal authority to act when required.

3. Ensure your wishes are respected
Your attorney is legally bound to act in line with your values, beliefs, and priorities. By documenting your wishes clearly, you provide guidance that ensures decisions about your care, treatment, and lifestyle reflect what matters most to you.

4. Protect your finances and wellbeing
An attorney can step in immediately to manage bills, handle financial arrangements, and make crucial care decisions.  This protects both your financial security and your overall wellbeing, offering reassurance to you and your family that matters are being handled appropriately.

5. Reduce family conflict
Clarity is key when difficult decisions arise. LPAs give legal authority to the person you trust, reducing confusion and preventing disputes among relatives. Everyone knows who is responsible, which helps preserve relationships during stressful times.

Preferences and instructions: making your voice heard

When completing each LPA (Health & Welfare and Property & Financial Affairs), you can include preferences and instructions that guide your attorney:

• Preferences: are non-binding suggestions that reflect how you want decisions to be made, from medical treatment choices to day-to-day lifestyle decisions.
• Instructions: are legally binding rules that your attorney must follow, giving you control over specific areas of your care or finances.

Including these in your LPA helps:

• Provide clarity: your attorney knows exactly how you wish decisions to be made.
• Set boundaries: you can specify what your attorney can and cannot do.
• Preserve your autonomy: even if you cannot speak for yourself, your preferences ensure your values remain central.
• Support your attorney: clear guidance gives them the confidence to know they are acting in accordance with your wishes.

A private healthcare plan ensures you receive medical care, but without a Health & Welfare LPA, it does not guarantee that your wishes will be followed if you are unable to make decisions. By appointing a trusted attorney and documenting your preferences and instructions, you retain control.

LPAs are about more than legality; it’s about ensuring your voice is heard, your values are respected, and your loved ones can act on your behalf when it matters most. Don’t leave these critical decisions to strangers or the courts. Act now and make sure the people who know and care about you are the ones making the decisions.

Contact the Greenwoods’ Private Wealth team, who will be happy to talk you through the LPA process and explain how they can help you put your wishes in place.