Health & Welfare Power Of Attorney

[dollymay]

I have a financial P of A, with my children as attorneys. When this was taken out my solicitor advised that it was probably not necessary to have the Health and Welfare one too, as doctors would take into account the wishes of the next of kin anyway. At the time my husband was alive and the main attorney. But I know wonder if my children's decisions would be accepted in the same way. They do know my wishes, so could I perhaps just leave a note of these for if I ever lose mental capacity?? I would appreciate knowing what others think of the necessity of having a H & W power of attorney??

[-SharonA-]

Very interested in answers you get as I asked a similar question not long ago.

[sunny-dave]

I'll leave the legal stuff to others more qualified - but you might wish to make an Advance Statement instead of the more expensive P of A.

It's not legally binding, but must be taken into account when deciding on your care :

https://www.nhs.uk/conditions/end-of-life-care/advance-statement/

[Barmaid]

I wouldn't bother. Your children will be listened to in exactly the same way. The principles in s4 of the Mental Capacity Act will be applied.

The Court rarely grant H&W deputyship orders for this very reason.

[dollymay]

Thanks very much to you all! I am now inclined to leave a written statement (advance statement) with the financial P of A that I already have, stating basic wishes, including who I want to make decisions and this would seem to be sufficient under the MCA anyway. I have been quoted over £400 for a solicitor to draw up a P of A, including registration, which doesn't seem to give much more than that -
Hopefully it wont be needed!
Thanks again.

[Rosetta]

A friend recently had a situation where her mother needed to go into a nursing home. Without the Health and Welfare POA she would have had a lot more difficulty with decisions being proposed by hospital staff on discharge. And she wasnt just being difficult or obstructive

[-SharonA-]

You may find this helpful
https://www.mylivingwill.org.uk