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Understanding Lasting Power of Attorney for Health and Welfare

health and welfare lpa

The recent distressing images of a retired nurse being arrested by the police for attempting to remove her 97-year-old mother from her care home, have highlighted the complex legal situations that can arise when caring for someone with diminished capacity.

It is a common misconception that your next of kin will automatically be able to make such decisions on your behalf if you no longer have the capacity to do so.

However, by having a Health and Welfare Lasting Power of Attorney (LPA) in place, it allows your chosen Attorneys to make decisions on your behalf in relation to your personal welfare.

In the absence of a Health and Welfare LPA, the family in this case were not legally allowed to remove their elderly relative from the care home without a court order.

The use of the Health and Welfare LPA doesn’t stop at care arrangements, your chosen Attorneys can make a wide range of decisions on your behalf. This may seem daunting at first but by having a Health and Welfare LPA in place, you can ensure that you have chosen trusted Attorneys to make decisions about your welfare if you can no longer do so.

It is important that these wishes are clearly set out in the LPA and at Loosemores we can provide you with the appropriate advice for your specific needs.

If you need advice, guidance or support from our team of legal experts, please contact Maria Cosslett, Partner and Head of Probate, Wills and Trusts at Loosemores via or Sabrina D’Acri Davies via d’ or call 029 2022 4433.

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