Further Information
Back to Lasting Power of Attorney prevent cases of ‘snatch’
by state
Further information
1. A health and
welfare lasting power of attorney is a legal document, which allows
a person with mental capacity to appoint others to act on their
behalf if they later lose mental capacity and health or welfare
decisions need to be made.
2. Solicitors for
the Elderly (SFE) is a national organisation of lawyers, such as
solicitors, barristers, and legal executives who are committed to
providing and promoting robust, comprehensive and independent legal
advice for older and vulnerable adults, their family and
carers.
3. The health and
welfare power can only be used when the person making the power
lacks mental capacity to make the decision.
4. The power is set
out in legislation and must be registered with the Office of the
Public Guardian before it can be used. It takes between 8-9 weeks
once the power has been made for registration to be completed.
5. Without a health
and welfare lasting power no one has authority to make decisions,
but it is possible for health and social care professionals to make
decisions if they think the person lacks mental capacity and the
decision they want to make is in that person’s best interests. They
are protected from liability (section 5 Mental Capacity Act
2005).
For further information contact:
Eleanor Dix
Associate
E eleanor.dix@hughjames.com
T 029 2022 4871