DNACPR and your LPA
Guidance from Estate Advisory Group
A DNACPR is a clinical recommendation, not a consent form. Attorneys must be consulted, and sometimes decide.
Who decides
- Clinicians decide whether CPR would be clinically futile; nobody can insist on treatment that will not work.
- Where CPR could work, the decision about whether it is in the donor's best interests must involve the donor, or their attorney if the donor lacks capacity.
- If the LPA gives attorneys power over life-sustaining treatment (option A), the attorney's refusal is legally decisive.
- Failing to consult an attorney is a common and challengeable failure.
Questions to ask
- What is the realistic chance of survival to discharge, and in what condition?
- Is this decision recorded on a ReSPECT form, and can I see it?
- Does the record show that I was consulted as attorney?
- Will the decision travel with the donor between hospital, home and care home?
If you disagree
Escalate quickly and in writing
Ask for a second clinical opinion the same day, involve PALS, and where the disagreement is about best interests rather than clinical futility, the Court of Protection can be asked to decide urgently.
Common questions
Can I demand CPR for the donor?
No. You cannot require treatment clinicians judge would not work, but you are entitled to be consulted and to a clear explanation.
Does an advance decision cover CPR?
It can, if it refuses CPR explicitly, is witnessed and states it applies even if life is at risk. See advance decision or LPA.
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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