LPA HW Lasting Power of Attorney Health and Welfare

A Power of Attorney instrument is a document which allows one person (the donor) to appoint another person (the attorney) to make decisions and enter into transactions on his behalf. A Power of Attorney can be drafted narrowly so that it only authorises the attorney to deal with a specific piece of property, or it can be drafted widely to allow the attorney to deal with all the donor’s affairs.

However, a normal Power of Attorney is only valid as long as the donor retains mental capacity. This means that if he is injured and falls into a coma, or he suffers from dementia or a mental impairment, his attorney cannot make decisions on his behalf. A Lasting Power of Attorney is a special instrument which remains valid and allows the attorney to act even if the donor loses mental capacity. A Lasting Power of Attorney can be made at any time, but the attorneys cannot act on the donor’s behalf until it is registered with the Office of the Public Guardian using forms LPA001 and LPA 002 which are available on this website.

This Lasting Power of Attorney only allows the attorneys to make decisions about health, personal care and welfare issues on behalf of the donor. If you need a Lasting Power of Attorney which will allow you to appoint people to deal with your finances, then you should use the alternative Lasting Power of Attorney Property and Affairs form.