Providing End of Life Legal Advice - Drafting Health & Welfare LPAs & More

Introduction

Many private client practitioners are experienced and comfortable in advising clients about the need and applicability of property and financial affairs lasting powers of attorney, but they must also be mindful of the need to consider their client’s wider estate planning wishes and provisions, including in relation to health and welfare.

Rule 3.4 of the SRA’s Code of Conduct for Solicitors (as supported by other professional guidance and case law) makes it clear that practitioners must consider and take account of client’s attributes, needs and circumstances and this may include considering the need for a health and welfare lasting power of attorney.

Failure to do so, and advising accordingly, may have negative consequences for the practitioner and their firm.

This webinar will look at health and welfare lasting powers of attorney, exploring the statutory framework relating to health and welfare lasting powers of attorney, the Mental Capacity Act 2005 and accompanying Code of Practice, Court of Protection Rules 2017, practice directions and case law.

What You Will Learn

This webinar will cover the following:

• The meaning of personal welfare
• The character and creation of a health and welfare lasting power of attorney
• Attorneys - who may act as an attorney, the choice of attorney and the duties of attorneys
• Instructions and preferences
• Giving or refusing consent to life-sustaining treatment
• Interaction with advance decisions to refuse treatment
• Revocation of health and welfare lasting powers of attorney
• Decision making in the absence of a health and welfare lasting power of attorney

This webinar was recorded on 3rd July 2023