End of life care and Lasting Powers of Attorney: Giving power back to your loved ones.


End of life care and Lasting Powers of Attorney: Giving power back to your loved ones.

By Samuel Amer



On the 30th of July, the UK Supreme Court handed down an unprecedented decision. The court held that when an individual was in a permanent vegetative state, and there was an agreement between the family and doctors, medical staff could withdraw food & water from the patient allowing them to pass away.

This decision is seen as quite a departure from legal precedent. Previously families and doctors who were in agreement would have to endure an agonising process of applying to the Court of Protection to have life sustaining care removed. Although some groups feel that the decision is inhumane, many people who have endured the terrible situation of watching a loved one needlessly remain in an undignified state have welcomed the ruling.

As the nation’s aged population increases, it’s the case that more of us have developed our own views on end of life care, and also ask “what would I want to happen to me in that situation?”

As last week’s decision removed the need for a court application, it would appear that to some extent removing end of life treatment now depends on agreement. You may therefore be asking, “if I wasn’t physically able to agree with doctors removing treatment, how could my loved ones decide for me?”

Well, one way is to appoint them as your Attorneys under a Lasting Power of Attorney for Health and Welfare. This is a document in which you appoint people you trust to make decisions about your health and welfare when you’re unable to do so. Examples of this range from decisions on your general medical treatment, whether or not you move into a care home and, in extreme cases, life sustaining treatment.  

When it comes to making these decisions, you can appoint more than one person to act for you under your Lasting Power of Attorney. Many individuals choose their spouse and/or children to act for them as it is likely that they will know your wishes better than anyone else. As well as this, you also have the choice to state how your Attorneys will make decisions when it comes to your health and welfare. Whether it’s a case of them having to act jointly, or them being free to make their own decisions,  the power is in your hands.

Creating a Lasting Power of Attorney is easier than you might think. Here at Gamlins Law we have a dedicated team who are on hand to help set up your Lasting Powers of Attorney, so you’re ready for whatever the future may hold. As well as this, our staff are able to advise you on the various safeguards in place to ensure that your Attorneys only act in your best interests and have a clear understanding of your preferred treatment in later life.

If you, or one of your loved ones, could benefit from making a Lasting Power of Attorney for Health and Welfare then contact Gamlins Law today on 01745 343500.


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