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for a member of a religious community it may be helpful to set out guidance on religious beliefs and the impact these have on the way that the individual wishes their care needs to be addressed. It is important to ensure that such provisions are drafted carefully, as if they are vague or imprecise they may become unworkable. While something may have made perfect sense to the donor at the time of drafting, it may mean nothing to a medical professional faced with an emergency situation.
It is not necessary to include restrictions or conditions and, if the donor has complete faith in the attorney to understand and act in their best wishes, then it is possible to give the attorney complete exibility as to how they act and not make any provisions at all.
The attorney can only take steps to consent to or refuse life sustaining treatment if this is speci cally provided for in the LPA. The attorney also cannot require particular forms of medical treatment to be given, and has to work with the medical professionals to ensure that the treatment is appropriate in their opinion. In extreme cases the medical professionals may have to involve the Court of Protection if they feel that the interests of the donor are not being followed. In some cases it may be appropriate to consult a medical professional to advise on the particular provisions to go into the LPA, especially if the donor is already suffering from a pre-existing medical condition.
HOW ARE LPAS MADE?
To make an LPA the donor and attorney have to complete a prescribed form available from the Of ce of the Public Guardian or through a solicitor. There must also be an independent person who provides a certi cate to show that the donor of the Power understood the importance and nature of what was being done and was not pressured into making it at the time. The LPA must also be registered with the Of ce of the Public Guardian before the attorney can act. A fee is payable at the time of registration, unless the donor’s income falls below a stipulated threshold.
WHAT ABOUT ADVANCE DECISIONS?
Advance decisions are often referred to as “Living Wills” and are a document which sets out a person’s wishes regarding their future medical care or
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