Advanced Decisions vs. Lasting Powers of Attorney (Health & Welfare)

As people are living longer, it’s important to recognise that longer life does not always mean a healthier life. Increasingly, individuals are choosing to put plans in place for their future medical care to ensure their wishes are respected should they lose the ability to make decisions for themselves.

However, many people remain unsure about the difference between Advanced Decisions and Lasting Powers of Attorney (Health & Welfare). Here’s a clear overview to help you understand both options.

What is an Advanced Decision?

An Advanced Decision (sometimes called a "living will") allows you to refuse specific medical treatments in the future, should you lose mental capacity at the time the treatment becomes relevant.

This option is often chosen by individuals who:

• Have strong personal beliefs about certain treatments

• Do not have a trusted person available or willing to act as an Attorney

• Wish to place absolute limits on specific treatments, ensuring their instructions are strictly followed, regardless of other opinions

  
  

In some cases, even when an Attorney is appointed, a person may still choose to make an Advanced Decision to set clear, non-negotiable boundaries for their medical care.

Additionally, with current registration times for Lasting Powers of Attorney (LPA) taking several weeks, some people opt for an Advanced Decision if they need to put something in place quickly.

What is a Lasting Power of Attorney (Health & Welfare)?

A Lasting Power of Attorney (Health & Welfare) gives trusted individuals (your Attorneys) the authority to make decisions about your health and welfare if you lose mental capacity in the future.

This option is ideal when:

• You have people you trust to act in your best interests

• You are comfortable giving them flexibility to make decisions based on the circumstances at the time

• You prefer to appoint someone to advocate for you, rather than specifying strict medical instructions in advance

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An LPA provides broad decision-making powers and allows your Attorneys to assess medical options in real-time, considering what you would have wanted.

Which One Should You Choose?

• Advanced Decision: Best suited if you want to refuse specific treatments under all circumstances or need a quicker solution due to time constraints.

• Lasting Power of Attorney (Health & Welfare): Best suited if you trust others to make decisions on your behalf and want to give them flexibility to act in your best interests as situations arise.

  
  

In some cases, individuals choose to have both in place to ensure that their wishes are fully protected.

If you would like advice on which option is right for you, or help with putting either document in place, please contact us – we are here to guide you through it.

Emma Aslett

Penn Chambers Solicitors   

0207 183 4595

The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.