Decisions affecting health and welfare

People often associate Lasting Powers of Attorney with the management of property and financial affairs, however, it is also possible to make a Lasting Power of Attorney for decisions affecting your health and care. Our specialist private client solicitors have a wealth of experience advising clients on the preparation of Lasting Powers of Attorney in relation to decisions affecting health and care.

The decision about who you appoint as your attorney is one that requires careful consideration. The nature of a Lasting Power of Attorney is such that your attorney may need to make a decision on your behalf of the utmost importance and sensitivity. An attorney should be someone who knows you well and to whom you have previously expressed your own views about the personal issues and decisions that are important to you.

The scope of authority given to an attorney can range considerably and is dependant on the authority given to them in the Lasting Power of Attorney. For example, an attorney may be given authority to make a decision on your behalf in relation to the continuation or withdrawal of life-sustaining medical treatment. On the other hand, they may be asked to monitor simple day-to-day practicalities such as your comfort by ensuring you are washed and dressed in the way you like.

Like Lasting Powers of Attorney in relation to property and financial affairs, attorneys cannot make decisions concerning health and care unless the Lasting Power of Attorney has been registered with the Office of the Public Guardian. Because a health-related decision may need to be made unexpectedly and urgently, we recommend that all Lasting Powers of Attorney are registered straightaway so an immediate decision can be made by your attorney, should the need arise.