Health and Welfare LPA
The Lasting Power of Attorney for Health and Care Decisions allows someone to make decisions on your behalf, if you have lost mental capacity. These might include decisions on:
- What medical treatment you receive, such as life-sustaining treatment.
- Day-to-day matters such as your diet, dress or daily routine.
- Giving or refusing consent to health care.
- Staying in your own home and getting help and support from social services.
- Moving into a nursing home (residential care) and finding a good care home.
- What you eat from day to day.
This document can only be used (once registered) if you have lost mental capacity and are unlikely to make a recovery within a reasonable time.
If you are making a Lasting Power of Attorney for Financial Decisions at the same time, remember that you can choose different people for each document. You may feel more comfortable leaving your finances in the capable hands of certain family members, and the more personal decisions covered by the Lasting Power of Attorney for Health and Welfare in the hands of others.
Who can be an attorney?
Although ‘Attorney’ sounds like it has legal connotations, attorneys don’t need to be legally qualified. The majority of people making a Lasting Power of Attorney for Health and Welfare simply choose family or close friends. Some examples of people that you might choose to be your attorney are:
- Your husband, wife, civil partner or partner that you live with
- Another family member such as a sister or brother
- A close friend
Lasting Power of Attorney for Health and Welfare : Attorney rules
You can only appoint people as your attorneys for the Health and Care Decisions LPA – you cannot appoint a trust corporation. People under 18 cannot be your attorney.
If an attorney can no longer actAn attorney will no longer be able to act for you if they:
- Lose mental capacity themselves
- Decide they don’t want to act any more
- You were married / in a civil partnership with the Attorney but divorced / the partnership was dissolved – unless you specifically set out in Section 7 of the form that they can continue to be your Attorney, even if the relationship legally ends
- If an Attorney no longer wishes to act for you, they can disclaim their appointment.