‘Next of kin’ has no legal definition in UK law, and therefore means nothing when life or death decisions need to be taken about your health. If you haven’t already, then you need to register your ‘Lasting Powers of Attorney’ (LPA) now, advises Michael Heath, Director of Milestone.
The need to have an LPA was recently highlighted in the media, with the recent High Court ruling that doctors should stop providing life support treatment to soldier-turned-policeman Paul Briggs (43) who was left in a coma following a road accident in July 2015. His wife fought for 18 months to gain the High Court ruling on 20 December 2016, saying her husband would not wish to continue to receive life-sustaining treatment.
However, lawyers acting for Briggs through the government-appointed official solicitor’s office have asked for permission to appeal against the decision, so his treatment is likely to continue until the new year, when a decision will be made on whether the appeal can go ahead.
A doctor must speak to your family members and loved ones but doesn’t legally have to follow what they say.
Michael Heath, explained: “Many people mistakenly assume that when it comes to making life or death decisions about their health, their spouse or children will be able to do that if they are not. Unless you have legally registered them as your LPA, then they can’t.
“It’s more usual to register a property and financial affairs LPA, but health and welfare is often forgotten about. More and more, hospitals are asking if seriously ill patients have an LPA. It’s crucial to have the place to make sure that you have the right health, wealth and welfare planning in place now to ensure independence in the future and the ability to have input into some huge life decisions.”
Around 40% of UK adults have made a will and sorted their financial affairs should the worst happen, however only *4% of people make written advance decisions on treatment.
LPAs were created under the Mental Capacity Act 2005, and came into effect on 1 October 2007. The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. Their purpose is to meet the needs of those who can see a time ahead when they will not be able – in the words of the Act, will lack capacity – to look after their own personal and financial affairs. The LPA allows them to make appropriate arrangements for family members or trusted friends to be authorised to make decisions on their behalf.
Planning ahead for your health, wealth and welfare is critical to make sure your wishes are respected at whatever stage in your life.
The team at Milestone Financial Planning can advise and guide you in planning for the future. Working in conjunction with a team of local experts, they can ensure that your finances are in order, you have the correct legal documentation and, more importantly, ensure you are able to enjoy life now without uncertainty for your future wealth and care.
For more information on registering your LPA or to plan for your future, please get in touch with the Milestone Financial Planning team on 01246 903053.
Top Rated Financial Advisors
