What this LPA covers
A Health and Welfare LPA can give attorneys authority over personal welfare decisions when the donor lacks capacity to make the particular decision themselves.
- Where the donor should live.
- Day-to-day care and routine.
- Medical treatment and care arrangements.
- Contact with other people.
- Life-sustaining treatment where the required authority is expressly given.
It does not remove your own decision-making
While you have capacity to make the relevant decision, you remain the decision-maker. Health and Welfare attorneys step in only when capacity for that particular decision is lacking.
Choosing the right attorneys
These can be deeply personal decisions. Choose attorneys who understand your values, can communicate with professionals and family members, and will be able to act in your best interests even when decisions are difficult.
Preferences and instructions
The LPA can include legally binding instructions and non-binding preferences. Drafting these carefully can help attorneys understand what matters to you without making the document unnecessarily restrictive.
Frequently asked questions
When can a Health and Welfare LPA be used?
Health and Welfare attorneys make decisions only when the donor lacks capacity to make the relevant decision themselves.
What decisions can it cover?
It can cover matters such as care, daily routine, accommodation and medical treatment, subject to the document and the law.
Can attorneys make decisions about life-sustaining treatment?
Only if the donor has expressly given the attorneys that authority in the LPA and the relevant legal requirements are met.
Tell us what you want to achieve
You do not need to know the name of the legal document or trust before speaking to us. Explain the family, property or planning issue and we can discuss the relevant options.