LPA Registered:What Next?
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There is a neglected side to LPAs I think, the what next bit. By this I mean what should you do once an LPA is registered with the Office of the Public Guardian. I have already written about the nuances of checking the validity of an LPA here and here covering key factual information; this blog focuses less on facts and more on actions.
The actions in question are:
· who to share your LPA with;
· conversations that matter and
· how to update an LPA and record ongoing wishes.
Share Your LPA
Firstly, who to share your LPA with, this will depend on your circumstances. At the very least I would suggest telling you GP, your next of kin (if they aren’t your nominated attorney(s)), and anyone close to you; my close circle of friends are all aware I have made both my LPAs and my wishes. The great thing about telling people you have an LPA is it opens up conversations, more about this later.
If you have a specific medical condition I would also recommend sharing with your consultant and team looking after you. This is especially important in the management and care of Long-Term Conditions, things like diabetes, heart disease, COPD, dementia and frailty. We know the story or chapters of how these illnesses progress and, whilst everyone is unique and has their own story, the chapters of illness can be predicted. It’s a bit like the process of birth – so beautifully individual yet it follows stages which we know and plan for. For more information about questions to consider and why it is important head to excellent The Waiting Room Revolution .
Conversations that Matter
There is a section for preferences and instructions in every LPA. In the Open Justice Court of Protection: What happens when an LPA goes wrong blog I give examples of what constitutes preferences and instructions. In my experience most people leave this section blank when making an LPA and this is absolutely fine; if an LPA is made as normal part of life planning it may be that future situations that just can’t be predicted. What does matter are having conversations with your attorney(s) so they know your wishes values and beliefs if ever they need to make decisions or speak for you.
An LPA (with blank preferences and instructions) doesn’t set out a blueprint of actions, rather it enables you to appoint people you trust to legally make decisions for you – the only way they can make decisions is by knowing what you would want. What Matters Conversations is a super resource for starting and sharing What matters Most to you conversations.
“Knowing what matters can play a huge part in helping to make our lives enjoyable and worthwhile. ‘What matters to me?’ is still important at the very end of our lives, too. For most of us that’s a long time away. But it’s never too early to talk to our family and friends about ‘What matters.’”
A new tool to help conversations become plans has been developed by Hospice UK . The Planning Ahead tool provides a great framework for conversations and can be used to think about and record your wishes.
“Most of us have no idea what medical decisions it would be wise to discuss with our loved ones and plan ahead for. This tool explains the kinds of decisions many people wish they had prepared for, and it gives you the various options to think about.”
Other ways to start conversations can be triggered by television or films, using this as a spring board to talk about what you would want in that situation.
It really is the conversations that matter – the LPA form enables these conversations to have validity.
If you have specific treatments that you want to refuse an Advance Decision to Refuse Treatment (ADRT) gives you the legal ability to document your wishes. For more information and resources to complete an ADRT see Compassion in Dying resources
It is worth noting that an ADRT written before a Lasting Power of Attorney can be over written by your attorney, if an ADRT is written after a Lasting Power of Attorney
Updating LPAs and recording ongoing wishes
Once an LPA has been registered by the Office of the Public Guardian it cannot be altered or amended. You can update details such as removing an attorney, a change in attorney address or if one of your attorneys dies and more details of how to do this can be found here .
If you want to add an attorney you would need to end the existing LPA and make a new one.
A Lasting Power of Attorney is just one element of planning ahead and other things to consider are:
· A will
· Collating important information in one place using a tool such as the My Future Care handbook
· On a lighter note how about making a Bucket List? (I ticked off learning to SCUBA dive recently…)
These ideas are by no means exhaustive, the process of planning is ongoing and adaptive to the changes in life.
What Next?
A Lasting Power of Attorney is an important document, but without underpinning discussions it’s value is reduced. Have the conversations that matter, make them a normal part of life planning and update your wishes as appropriate.
If you haven’t made an LPA yet and require information or would like me to draft your Lasting Power of Attorney contact me.
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