Is it bad idea not to have a health LPA?

[MaggieFS]

DH and I have just done our wills (finally) and are considering LPAs. The problem is we don't have anyone of our own generation we can ask to be our health & welfare attorneys aside from each other. We've been told it's better to have more than one named attorney, even if we permit them to act severally.

There is someone we trust to be a financial and property attorney but it would be very odd for them to be H&W.

We are early forties with young DC so our hope for the long run is that DC would be able to take on attorney roles for both when they are adults.

In the mean time, I feel F&P is important so that if we were both incapacitated or one was deceased and the survivor incapacitated the attorney could access funds for DC.

Would it be a bad idea not to do a H&W one until DC are adults? Should we just do them with only each other named for now?

You are still quite young to get lpa, I would leave it until one of you dies, is unwell or you are older so your kids can step up. You’ll be acting for each other anyway until that point as next of kin.

Thanks @superram but I guess this is the crux of the matter as NOK have no legal right to make decisions much as medical professionals or social services might consult with them. Are we being naive to leave it until we are older?

I'm mid 30s and I have one for health and for finance. I have a sibling and the youngest of my parents as my attorneys for now. You're never too young to put legal advocacy in place for yourself. NOK is meaningless.

@MaggieFS sadly awful things happen, you are never too young to have LPAs in place.

I am currently in hell trying to sort my Dad without an LPA. I never expected to need one, despite being a HCP dealing with this all the time. Put the LPA in as soon as possible.

Thank you - you're saying what I'm thinking - we're probably better to have them with just each other rather than not have them at all.

And all being well, we will still be alive and kicking when DC become adults and can be added to the LPAs.

@Enuffisenough I'm sorry for what you are going through

Do them with each other for now. Then you can add people on later. My husband died aged 50 so it's never too soon. I need to sort mine out and I'm 57 now! And I see the problems when people don't have these things sorted so I really need to act!

Sorry for jumping on the thread. Do you have to pay again. If you add or change an attorney at a later date?

@AndWhat My understanding is that you can't actually add more people, the way you have to do it is to revoke an existing POA and do a new one, which is why it's prudent to list more than one person initially. Creating a new one would involve paying the fee again.

If someone listed dies, marries (changes name) or moves house, there is a process to update it and I haven't seen a fee mentioned.

You don't need LPA H&W in the same way you need LPA F&P . Because it can be best interest decided on each issue with NOK being involved, without absolutely needing an LPA. Unlike finances when you need deputyship or POA to legally do anything.

Right now you and DH can get them drawn up for each of you. Can be done yourselves downloading online forms and just paying court fees to keep costs down.

When your DC are all 18, then write up new ones with whichever named adult DCs on whichever LPAs you want them on too, and add a form to revoke the old LPAs to be super-ceded by new ones at the same time. You pay the court fees again but ... meh.

So I'm short , no you don't have to have LPA h&w as your spouse or children when adults (if spouse no longer around) would need to be involved in best interests decisions for your health and welfare anyway if no LpA in place, if you lost capacity to decide.

It's useful to have but not essential, unlike LPA finances and property .

My understanding is that you can't actually add more people, the way you have to do it is to revoke an existing POA and do a new one, which is why it's prudent to list more than one person initially. Creating a new one would involve paying the fee again

Yes its a fee (I'm assuming England and Wales law), but annual insurance is a fee and I would regard it in the same light. Reissuinig the same basic PoA with new name is cheaper than drafting the original from memory.

Whilst a legal spouse tends to be assumed to have rights similar to PoA its not quite the same. That said, the finance one is more important and H&W useful.

Thanks for the further replies. Unless they suddenly hugely hike the POA fees, I don't mind paying once now and once again in about 17 years time! Small price for keeping important documents up to date.