Why Lasting Power of Attorney Matters

When it comes to navigating the complexities of NHS Continuing Healthcare (CHC), many families find themselves making important decisions on behalf of a loved one who may no longer be able to advocate for themselves. This is where a Lasting Power of Attorney (LPA) becomes not just helpful, but essential.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows someone (the donor) to appoint another person (the attorney) to make decisions on their behalf if they lose mental capacity. There are two types:

Health and Welfare LPA – covers decisions about medical care, daily routine, and moving into a care home.

Property and Financial Affairs LPA – covers money matters like managing bank accounts, paying bills, or selling property.

For families going through the CHC process, the Health and Welfare LPA is particularly relevant.

Why LPA Is Crucial in CHC Assessments

NHS Continuing Healthcare is a package of care fully funded by the NHS for individuals with a primary health need. To qualify, the person must go through a formal assessment process. If they lack capacity, an LPA ensures their voice is still heard, through the person they trust most.

Without a Health and Welfare LPA in place, families may face delays, confusion, or even be excluded from key decisions. Health and social care professionals might have to consult with an Independent Mental Capacity Advocate (IMCA) instead of next of kin, which can lead to outcomes that don't reflect the individual's or family's wishes.

Real-Life Implications

Imagine this: your parent is in a care home, showing signs of serious deterioration. The CHC process begins, but they're unable to express their needs or make decisions. Without a Health and Welfare LPA, you may not have the legal standing to advocate for them directly during the assessment.

However, with an LPA, you're recognised as their voice. You can:

• Attend CHC assessments and reviews
• Request and review care records
• Challenge decisions or appeal outcomes
• Ensure care plans reflect their values and needs

When Should You Set Up an LPA?

The simple answer: as soon as possible. An LPA can only be made while the individual still has mental capacity. If they've already lost capacity, it's too late, you'll need to apply to the Court of Protection, which is more time-consuming and costly.

Protecting your loved ones

The CHC process is complex and emotionally challenging. A Lasting Power of Attorney doesn't just simplify the legal and administrative side, it gives you peace of mind that your loved one's rights, needs, and preferences are protected.

If you're supporting someone who may be eligible for NHS Continuing Healthcare, and they haven't yet made an LPA, now is the time to act. It could make all the difference when it matters most.

Email enquiries@janeshealthcare.co.uk for more information or fill in the form below.