As part of a Lasting Power of Attorney, or LPA, a health and welfare attorney is appointed to make decisions about a person’s day-to-day care and medical treatment if they lose mental capacity. This role is different from a property and financial attorney, focusing solely on the person’s wellbeing.
Understanding the scope of their authority is essential when setting up a UK power of attorney.
Decisions About Living Arrangements and Daily Routines
For those planning ahead, it’s crucial to find out more about UK Power of Attorney here. Making informed choices about who to appoint and clearly setting out what they can and cannot do ensures peace of mind for both you and those entrusted with your care.
A health and welfare attorney can decide where a person lives, whether they remain at home with care support or move to a residential facility. They can also determine how daily routines such as washing, dressing, eating and personal hygiene are managed. These decisions must always be made in the donor’s best interests, considering any known wishes, beliefs, values and long-standing preferences.
Additionally, they can have a say in what a person eats, how they spend their leisure time and whether any adaptations or aids are introduced to improve quality of life. Their decisions often involve collaboration with care providers and medical professionals.
Medical Treatment and End-of-Life Care
Health and welfare attorneys are authorised to make decisions about medical treatment, from routine check-ups to more serious interventions. If the LPA includes specific instructions, attorneys may also decide whether to consent to or refuse life-sustaining treatment. This responsibility requires sensitivity and a strong understanding of the individual’s prior wishes.
Attorneys cannot override advance decisions to refuse treatment, also known as living wills, nor can they make decisions about assisted dying, which remains illegal in the UK.
Unlike property attorneys, health and welfare attorneys cannot access bank accounts or manage finances. In cases where health-related decisions require spending money, they must consult the person managing financial affairs under a separate LPA.
