Health and Welfare

Many people will not know that, while doctors can talk to our families about our health on some occasions, legally no one can make health and welfare decisions on our behalf without our authority.  This means that if we lose mental capacity to make a healthcare decision for ourselves and have not made a Lasting Power of Attorney for Health and Welfare, there are circumstances where doctors will not talk to those closest to us.  If a Health and Welfare LPA is in place and we lose capacity to make a decision, the attorneys we have chosen will be able to take part in making that decision on our behalf.  This might include:

  • Deciding where our permanent place of residence should be
  • Deciding what care and accommodation is appropriate for us
  • Consenting or refusing any medical treatment or procedure on our behalf
  • Deciding, alone or with others, on the level of care we may require
  • Day to day care, covering such issues as diet, dress and social activities

The Health & Welfare LPA, once registered with the Office of the Public Guardian (OPG), can only be used once you have lost mental capacity to make decisions for yourself.

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