Hi, I want to put in the instruction section of HW LPA, that I do NOT want to be treated at a particular hospital and my attorney should do all they can to ensure that I am not taken there, (as my 35 year old husband who went for a day case died there due to poor care). Would this invalidate the LPA? As in an emergency an ambulance may take me there whatever my attorney says, as it is my nearest hospital. so would it be viewed as an impossible instruction? I don’t want to state as a preference as it is a must for me.
Thanks so much for your question. And, so sorry to hear of the terribly sad circumstances that have prompted you to raise it. So, there are a few points to be mindful. Firstly, when you come to register the LPA, the Court of Protection (COP) will reject the LPA if they’re unhappy with the instruction. So, it is a point you can therefore resolve (or not) with the COP. Ultimately, it is a decision for them. Beyond that, there are practical issues you may want to bear in mind in any event. So firstly, a Health & Welfare LPA only applies when registered AND one loses capacity. Assuming you are in good health, an emergency situation as you describe (unexpected medical treatment/ambulance) may not present as something where an LPA would naturally come to light anyway? Also, there is a general thought that for both types of LPA’s there is an argument to try to not restrict the powers of your chosen attorney’s if at all possible. For example, if the hospital in question happens to be renowned for treating something that you were to succumb to, it might place your chosen attorney in a very difficult moral dilemma to have to refuse that treatment? All long odds scenarios – but worth thinking about. As a starter, it may be worth getting in touch with the CoP Helpline – 0300 456 4600. Hope that helps – and thank you again for your Lasting Power of Attorney query.
