A personal welfare LPA can only be used once it has been registered with the Office of the Public Guardian and also, importantly, after the donor has lost mental capacity.
It offers broad scope for making decisions in a number of areas. These include:
• Where the donor should live and who they should live with
• The donor’s day to day care, including diet and dress
• Consenting to or refusing medical examination and treatment on the donor’s behalf
• Assessments for and provisions of community care services
• The donor’s personal correspondence and papers
• Complaints about the donor’s care or treatment
LPAs are tailor made to the individual. At the time of making the LPA the donor can modify the scope of the power. For example, the donor may not wish their attorney to have power to decide who the donor has contact with. This can be stated in the LPA at the outset so that it is clear which decisions the attorney is allowed to make.
An attorney can only consent to or refuse life-sustaining or life-prolonging treatment on behalf of the donor if expressly authorised to do so by the LPA.
The attorney is duty bound to act in the best interests of the donor at all times, and in cases of end of life treatment should consult with carers and family members who have an interest in the donor’s welfare. Of course, no attorney can be given power to demand that treatment be given if the medical staff in charge of the donor’s care do not believe it to be necessary.
An LPA provides people with the ability to exercise a much greater degree of control over their future care in the event of loss of capacity. Making a personal welfare LPA needs careful consideration beforehand and may involve consultation with family members and medical practitioners.
Lasting Powers of Attorney can be complex and specialist legal advice should always be sought.