An advance directive for health and a Health and Welfare Lasting Power of Attorney are legal frameworks that help you plan for future healthcare needs. While they serve a common goal of empowering you to be proactive about healthcare planning, they differ in function and purpose.
That’s why it’s important to understand these differences and the scope of both frameworks to choose the best option for you. Even though they’re used in similar circumstances, they have different legal implications and come into effect at different times.
An advance directive can be part of a broader advance directive care plan, while a health LPA will authorise your attorney to make important health-related decisions for you.
This article explores the key differences between an advance directive for health and a health Lasting Power of Attorney (LPA) to help you make the best decision for your needs.
1. Understanding Advance Directives and Health LPAs
A Health and Welfare Lasting Power of Attorney authorises your chosen attorney to make health-related decisions on your behalf when you are mentally incapacitated. These are broader in scope and are flexible frameworks as they can be adapted to include better treatment options for evolving healthcare needs. Your attorney will make these decisions keeping your best interests in mind and liaise accordingly with your care providers.
A Health and Welfare Lasting Power of Attorney may also include authorising your attorney to make decisions regarding other issues related to your personal welfare. These include end-of-life care, choosing a suitable elderly care home, washing and personal care routines, and other day-to-day living arrangements.
An advance directive for health, on the other hand, is a narrower framework that gives you complete power to refuse certain treatments or procedures. You can refuse certain treatments on religious grounds or other personal preferences. If your advance directive for health doesn’t involve refusal of life-sustaining treatment, a simple discussion with your healthcare provider would suffice.
However, if your advance directive care plan involves refusing life-sustaining treatments, this would likely entail a thorough discussion with your care providers regarding your preferences for potential treatment plans. Some of these include CPR, life support, dialysis, tube feeding, blood transfusion and other life-sustaining treatments.
Your advance directive for health needs to be written and signed by you and a witness. While they’re legally binding in England and Wales, in Northern Ireland and Scotland, advance directives for health are governed by common law.
2. Scope of Decision-Making and Authority
You can draft an advance directive for health anytime before losing mental capacity. This means you have complete decision-making authority. It will come into effect only when you’re mentally incapacitated and are undergoing any of the health scenarios listed in your advance directive.
Therefore, drafting an advance directive for health must be done with much care and consideration. You can issue an advance directive for health only to refuse specific treatments. However, there are exceptions to this. For example, you can’t refuse treatments for mental health conditions.
In a Health and Welfare Lasting Power of Attorney, your attorney can make decisions on your behalf once the LPA has been registered with the Office of the Public Guardian (OPG) and you have lost your mental capacity.
A health LPA is a broader legal framework than an advance directive for health. You can use a health LPA and an advance directive for health as part of a comprehensive future health care plan.
3. Revocation
A Health and Welfare Lasting Power of Attorney can be revoked anytime when you have the mental capacity to do so. You need to send a written statement called a deed of revocation to the OPG and a copy of your original health LPA.
An advance directive for health doesn’t have a formal process for revocation. You can cancel this verbally by notifying your healthcare providers and anyone who knows about your advance directive, like family and loved ones. However, it’s recommended that you erase or delete any such written advance directive.
4. Pros and Cons
An advance directive for health and a Health and Welfare Lasting Power of Attorney are proactive legal frameworks that play an essential role in planning for your future.
An advance directive for health is helpful when you want your future treatments to be guided by your personal or religious beliefs.
While the broader scope of a health LPA can involve refusing such treatments, your attorney is bound to act in your best interests and may not consider such a refusal of treatment if it means hampering your chances of recovery.
An advance directive specifically helps you deal with this as it doesn’t involve an attorney and directly involves your health care provider. This can help you better align your future healthcare plan with your personal preferences for care.
5. Which is the Right One for You
A Health and Welfare Lasting Power of Attorney gives your attorney broader powers to make health-related decisions beyond life-sustaining treatments. This makes a health LPA a better-suited option for anyone needing a comprehensive legal framework for their healthcare planning.
An advance directive deals only with life-sustaining treatments and is specifically made to refuse certain treatments. They come with exceptions and aren’t as flexible as a health LPA. However, they’re easier to revoke when you have mental capacity, as it doesn’t involve a formal process.
You can use a health LPA on its own or combine it with an advance directive for health. However, when you have both in place, it’s worth noting that the most recent document among the two would take legal precedence. Choose one that’s right for your personal health situation and preferences.
To Create a Comprehensive Health LPA, Contact Zenco
A health LPA can address all aspects of your future healthcare planning and include your preferences for and against certain lines of treatment. With our easy-to-access online LPAs, we can help you draft a hassle-free health LPA that’s suitable for you.
At Zenco Legal, we aim to make legal services easy, inclusive and accessible.
Whether you’re looking to appoint a Power of Attorney, write a will, or set up a trust, our qualified and experienced legal professionals can walk you through every step. For more information on our services, check out our guides or book an appointment now.
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