Lasting Power of Attorney & Advanced Decision Documents - Why Have Them?
Please note that these documents do not constitute legal advice, nor are intended to create a solicitor-client/common law-client relationship. While every care has been taken to ensure that the content is useful and accurate, no guarantee, undertaking or warranty is given in this regard, nor is any legal liability or responsibility accepted for the content or the accuracy of the information so provided, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. You use this information at your own risk as we are not legal professionals and there are no guarantees that the outcome you want, will be the one you get.
WARNING!
Being 'in the private', the subject of this website, will NOT help you if you need access to 'public' services such as a hospital.... and... you end up not being able to speak for yourself. Without a properly set up and registered LPA for Health, hospital staff will NOT speak to your nearest and dearest and can do anything they want to you, as they see fit. It takes around 5-6 months for you to receive confirmation of registration from the govt's Office Of The Public Guardian. That's a loonnggg time to wait if you find yourself in hospital! Get your LPA documents in place now. You can always change them later.
Please don't wait for a horrific situation to bite you in the arse - take action NOW!
Please don't wait for a horrific situation to bite you in the arse - take action NOW!
Advanced Decision and Lasting Power of Attorney - Presentation Slides & Notes
If you are feeling a bit 'weird' about this subject, you are not alone.
Talking about and addressing end-of-life matters is a VERY difficult subject.
It's been suggested to me that we find it difficult because we end up grieving for our own lives. And after putting in place our own ADs and LPAs, I can attest to that. So please be gentle with yourself if you read the files below. Take care.
Talking about and addressing end-of-life matters is a VERY difficult subject.
It's been suggested to me that we find it difficult because we end up grieving for our own lives. And after putting in place our own ADs and LPAs, I can attest to that. So please be gentle with yourself if you read the files below. Take care.
Download Slides: Advance Decision & LPA Intructions on Slides V9 12.06.22.pdf
Download Call Notes: Compassion in Dying Call Notes 26.01.21.pdf
Download Editable Word Extract UPDATED: AdvDec Actual Wording Extract UPDATED 29.06.22.docx
Download Call Notes: Compassion in Dying Call Notes 26.01.21.pdf
Download Editable Word Extract UPDATED: AdvDec Actual Wording Extract UPDATED 29.06.22.docx
Part of the LPA process is proving to the Government that you have signed all paperwork in the correct order. Otherwise, there is the risk that Office of Public Guardian will return the LPAs unregistered, which means they will be useless.
Download: Signing Tick List.pdf
Download: Signing Tick List.pdf
Some extra wording for an LPA Finance. If you have a Private Trust, consider adding wording along the lines of that your Attorneys must not take any propery out of the Private Trust.
Richard: Guest Speaker With Peter Wilson re AdvDec + LPA June2022
Q and A
Question #1 - 02.08.22
Hi Richard,
I saw your presentation with Peter Wilson and have a question.
Can I put the list of 'instructions' in both my LPA and my ADvDecision form, or do I have to only enter the requirements in the AD?
I am concerned that the value of the enforceable LPA is lost when being told to refer to another document which will not carry the same weight.
I hope this makes sense?
Thanks Richard
Hi Richard,
I saw your presentation with Peter Wilson and have a question.
Can I put the list of 'instructions' in both my LPA and my ADvDecision form, or do I have to only enter the requirements in the AD?
I am concerned that the value of the enforceable LPA is lost when being told to refer to another document which will not carry the same weight.
I hope this makes sense?
Thanks Richard
Answer #1
Many thanks for making contact. Legal disclaimer on my website www.LivingInThePrivate.co.uk applies to this reply.
The AD is an 'instruction' to medical staff. It is a witnessed document and therefore carries weight and I comprehend that this makes it a legal document. It is how you wish to be 'treated' should you find yourself in hospital, unable to speak for yourself.
The LPA is an 'instruction' or 'preference' to your Attorneys. The LPA allows your Attorneys to be 'you' and make medical decisions on your behalf according to your 'instructions' or 'preferences'.
By linking the two documents, the AD and LPA, you are giving VERY clear instructions to your Attorneys what you want to happen in given medical circumstances. The LPA gives a court sanction (Office of the Public Guardian) to your Attorneys to speak on your behalf.
I have never personally come across an LPA that has the same 'instructions' as an Adv Dec Form. Although thinking about it, there is no reason why you cannot have the same wording in both.
Of course, none of this is a guarantee. If a doctor wants to put you on a syringe driver to end your life, then s/he will.
My hour long talk with the charity Compassion in Dying (transcript available as a download from my web site - above) included the info that the charity spends a good deal of time 'empowering' Attorneys to stand up to doctors, who let's just say, may have 'lost their way' and don't play ball.
I am imagining that this is similar to preparing your Trustees to 'enforce' or perhaps 'defend' the existence of your private trust, if you have one.
There are three elements to a Private Trust (PT):
I would suggest that the last one above, no3, is the most important of all.
My two daughters have been well briefed on the challenges they might face when 'enforcing' my LPA/AdvDec forms.
As in... Daughter: "Doctor, I am sanctioned by the Court to make sure you carry out my instructions and the instructions listed in my Dad's Advanced Decision form. If you fail to follow my instructions and the instructions of my father, you will be held in 'contempt of court' and personally liable for dereliction of duty, and you risk loosing your job and your pension!"
Yes, quite!!!!! No messing about.
I also take heart that the wording to link the two documents was suggested by the Charity. I personally decided to go with it.
Hope this helps, and if you have anything else I can assist you with, please get back in touch with me.
Many thanks for making contact. Legal disclaimer on my website www.LivingInThePrivate.co.uk applies to this reply.
The AD is an 'instruction' to medical staff. It is a witnessed document and therefore carries weight and I comprehend that this makes it a legal document. It is how you wish to be 'treated' should you find yourself in hospital, unable to speak for yourself.
The LPA is an 'instruction' or 'preference' to your Attorneys. The LPA allows your Attorneys to be 'you' and make medical decisions on your behalf according to your 'instructions' or 'preferences'.
By linking the two documents, the AD and LPA, you are giving VERY clear instructions to your Attorneys what you want to happen in given medical circumstances. The LPA gives a court sanction (Office of the Public Guardian) to your Attorneys to speak on your behalf.
I have never personally come across an LPA that has the same 'instructions' as an Adv Dec Form. Although thinking about it, there is no reason why you cannot have the same wording in both.
Of course, none of this is a guarantee. If a doctor wants to put you on a syringe driver to end your life, then s/he will.
My hour long talk with the charity Compassion in Dying (transcript available as a download from my web site - above) included the info that the charity spends a good deal of time 'empowering' Attorneys to stand up to doctors, who let's just say, may have 'lost their way' and don't play ball.
I am imagining that this is similar to preparing your Trustees to 'enforce' or perhaps 'defend' the existence of your private trust, if you have one.
There are three elements to a Private Trust (PT):
- Creation of a PT.
- Administration of a PT.
- Enforcement of a PT.
I would suggest that the last one above, no3, is the most important of all.
My two daughters have been well briefed on the challenges they might face when 'enforcing' my LPA/AdvDec forms.
As in... Daughter: "Doctor, I am sanctioned by the Court to make sure you carry out my instructions and the instructions listed in my Dad's Advanced Decision form. If you fail to follow my instructions and the instructions of my father, you will be held in 'contempt of court' and personally liable for dereliction of duty, and you risk loosing your job and your pension!"
Yes, quite!!!!! No messing about.
I also take heart that the wording to link the two documents was suggested by the Charity. I personally decided to go with it.
Hope this helps, and if you have anything else I can assist you with, please get back in touch with me.
I provide a talk on zoom around Adv Decisions and LPAs...
I will be covering topics like:
- Why create such documents + a couple of local horror stories
- What's involved in talking about end-of-life matters and where you can go to get free help
- How to create the documents from a practical point of view (you do not need a solicitor) and how you can get the legal basics in place, free, within a couple of days
- Why these documents could protect your wishes - medical and financial
- How to give your Advance Decision the force of a court order
- How to ensure (as best as you can) that you don't get jibjabed and how to avoid agreeing to misleading wording if you do go into hospital
- The main reason why you may not feel like doing this and what to do about it