LPA for Cancer Patients: When and Why to Plan

LPA and Cancer: Planning During Difficult Times

A cancer diagnosis brings many challenges. Amid treatment decisions and emotional adjustment, legal planning might seem like the last priority. But creating a Lasting Power of Attorney can provide security and peace of mind during an uncertain time.

Why Cancer Patients Need LPA

Treatment Can Affect Capacity

While many cancer treatments don't affect mental capacity, some situations can:

• Advanced brain tumours
• High-dose pain medications
• Severe illness affecting cognition
• Treatment complications

Uncertainty Requires Planning

Cancer's unpredictable nature makes planning essential:

• Treatment outcomes vary
• Side effects can be severe
• Hospitalisation may be needed
• Decisions may be required quickly

Focus on Recovery

With an LPA in place:

• Financial matters can be handled
• Medical decisions are covered
• You can focus on getting well
• Family knows your wishes

Timing Considerations

Best Time to Create LPA:

• Shortly after diagnosis (if able)
• Between treatment cycles
• During periods of feeling well
• Before any cognitive effects

Challenging Times:

• During intensive chemotherapy
• When heavily medicated
• During hospitalisation
• If experiencing confusion

If You're Unsure About Capacity

A doctor can assess whether you currently have capacity to create an LPA. Many patients retain capacity throughout their treatment.

What Each LPA Covers

Property & Financial Affairs LPA

Essential for cancer patients because:

• Can manage finances during treatment
• Pay bills while hospitalised
• Handle work/employment matters
• Access accounts if needed
• Manage investments

Key benefit: Can be used immediately (with consent), so helpful during treatment when you're unwell but still have capacity.

Health & Welfare LPA

Critical for treatment decisions:

• Consent to treatments
• Decisions about care
• Hospital choices
• Treatment priorities
• End-of-life wishes

Note: Only used when you cannot make decisions yourself.

Including Treatment Preferences

Your Health & Welfare LPA can include specific wishes:

Example Preferences:

• "I want all available treatments pursued"
• "Quality of life is more important than length"
• "I want to be at home as much as possible"
• "My family should be involved in all decisions"
• "I do/do not want to participate in clinical trials"

Life-Sustaining Treatment

You can specify whether your attorney can make decisions about life-sustaining treatment. Consider:

• Your values and beliefs
• What quality of life means to you
• Circumstances where treatment should continue or stop

Discuss these sensitive topics with your attorney before including them.

Choosing Attorneys During Illness

Practical Considerations:

• Who is available? (Some may be caring for you)
• Who handles stress well?
• Who understands your treatment wishes?
• Who can make difficult decisions?

Common Choices:

• Spouse/partner (if not overwhelmed by caring role)
• Adult children
• Siblings
• Close friends with healthcare knowledge

Consider Backup Attorneys

Particularly important because:

• Primary attorney may be caring for you
• Emotional strain can affect decision-making
• Having alternatives prevents delays

The Registration Process

Timeline Matters

LPA registration takes 8-12 weeks. Consider:

• Start the process early
• Don't wait for treatment to end
• Register immediately after signing
• Keep attorneys informed of progress

Expedited Processing

The OPG doesn't offer formal expedited processing, but you can:

• Ensure forms are perfect (no delays for corrections)
• Submit online for faster processing
• Include a cover letter explaining urgency

Practical Steps

Step 1: Decide Early

Don't put it off - start as soon as you're able.

Step 2: Choose a Good Day

Complete forms when you're feeling well.

Step 3: Get Support

Use a service like myLPA for guidance and checking.

Step 4: Arrange Signing

Certificate provider and witnesses when you're well enough.

Step 5: Register Immediately

Submit for registration without delay.

Supporting Family Members

Creating an LPA also helps your family:

• Clear authority to act
• Reduced stress and conflict
• Legal clarity during crisis
• Your wishes documented

If Treatment is Successful

An LPA remains valid but doesn't have to be used. You stay in control of your own decisions. It's simply there as insurance.

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