Types of power of attorney
Health & Wellbeing (LPA)
You will be able to decide if the donor should:
- Receive healthcare treatment
- Not receive a particular healthcare treatment
- Stop receiving a particular healthcare treatment
Some people who have a progressive illness sometimes make a decision about whether they would want a particular treatment in the future. They write down or tell others these wishes while they are mentally well, or have “mental capacity”.
If the donor made a decision, in advance of losing their mental capacity, to refuse future medical treatment (known as an advance decision), you cannot override their decision unless the LPA was made later and specifies that you have the power to do so.
What personal welfare power of attorney can’t do
A health and welfare LPA does not come into force until such time that the donor has lost the capacity to make decisions for themselves.
There are some decisions an attorney can’t make for another person. These include refusal of any medication prescribed by a responsible clinician if the person is under a section of the Mental
Health Act 1983 or on leave from hospital. It may help to seek further advice, including legal advice, if you’re concerned about medication issues.
If the donor is under a guardianship order, you can’t make decisions about where they should live, even though you have LPA. You will not be able to make any decisions that conflict with the wishes of a guardian
Property & Financial Affairs
Allows your appointed Attorney to act for you financially if and when you are unable to manage your affairs.
If you have property and affairs LPA, as an attorney you will be allowed to make decisions on the donor’s behalf. These include:
- Writing cheques and paying bills
- Selling or renting property
- Carrying out their trade or business
- Honouring any contractual obligations
- Conducting legal proceedings on their behalf
The attorney is allowed to make gifts in the following circumstances:
On customary occasions to those related to or connected with the donor
To any charity to which gifts had or might have been expected to be made as long as the value of each gift is not unreasonable in the circumstances “Customary occasion” means, for example, a birthday, marriage or civil partnership, or any other instance where presents are commonly given within families or among friends or associates.
