High Court rules that Lasting Power of Attorney takes precedent over Advance Decision.
A recent case regarding a Lasting Power of Attorney (LPA) has been receiving national attention after setting a precedent for future cases. It highlights the importance of an LPA and the need to ensure all of your wishes are understood by your chosen attorney and that they are incorporated into the deed if considered important.
The case is that of a Jehovah’s Witness who made an advance decision (this is like a living will) 20 years ago refusing blood transfusions – even if her life was threatened.
Later she made a Lasting Power of Attorney for Health and Welfare. This gave authority to her appointed attorney to give or refuse consent to any life sustaining treatment.
The attorney wanted the patient to have a blood transfusion in order to sustain her life. The High Court decided that the Lasting Power of Attorney’s decision overruled that which was detailed in the advance decision.
This case really emphasises the importance of Lasting Powers of Attorney and how they have proper legal effect. Importantly, when setting up your LPA, you should always discuss important issues with your proposed attorney. They need to fully understand what your wishes are regarding your care. As importantly, it should be noted that these wishes can be specifically incorporated into the deed if needed.
If you are interested in making a Lasting Power of Attorney then we can provide professional legal advice and ensure your wishes are fully documented and accounted for. Please contact Claire Warner on 01752 203500 or email claire.warner@GAsolicitors.com.
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