What a health and welfare attorney can decide
Guidance from Estate Advisory Group
More than most families expect about care and living arrangements, and less than they expect about money.
You can decide
- Where the donor lives, including a move into a care home or in with family.
- Consent to or refusal of medical treatment, subject to the life-sustaining treatment option.
- The care package, care provider and daily routine.
- Diet, dress, personal care and contact with other people.
You cannot decide
- Anything financial — that needs a property and financial affairs LPA, including paying care fees.
- Anything while the donor still has capacity to decide it themselves.
- Anything the LPA's instructions exclude.
- Detaining the donor against their will, or consenting to treatment refused by a valid advance decision.
The capacity threshold
A health LPA only works when capacity is lost
Unlike a financial LPA, a health and welfare LPA can never be used while the donor can make the decision themselves — even with the donor's agreement. See mental capacity explained.
Common questions
Can I see the donor's medical records?
Yes, where the information is relevant to decisions you are making as attorney.
Can a care home refuse to accept my decision?
It should not, once you show a registered LPA covering the decision. If there is a genuine best-interests dispute, the Court of Protection decides.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group