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LEGAL SERVICES

Legal Services

Beauwater Mortgages is a trading style of New Leaf Distribution Ltd is authorised and regulated by the Financial Conduct Authority Number 460421. Registered office 1st Floor Princess Caroline House, 1 High Street, Southend on Sea, Essex, SS1 1JE.

 

The guidance and/or advice contained within this website is subject to the UK regulatory regime and is therefore primarily targeted at consumers based in the UK

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Lasting Power of Attorney

Personal Welfare

A Personal Welfare LPA is a legal document that allows a person (known as a Donor) to choose someone they trust (known as an Attorney) to make decisions on their behalf about their personal welfare; this does not include decisions about money or property. It can only be used when the Donor lacks the capacity to make these decisions for themselves.  An Attorney will not be able to make decisions about a Donor's property and affairs unless they have also been appointed as a Property and Affairs Attorney using a separate LPA. An LPA can only be used once registered with the OPG.

Using an LPA people can choose someone they trust to make decisions about their personal welfare, on their behalf, at a time in the future when they might not have the capacity to make them for themselves, for example due to the onset of dementia in later life or as a result of a brain injury. This can include deciding where someone lives or what medical treatment they receive.

The LPA may contain restrictions and/or conditions that place limits on the decisions your Attorney can take, for example they may only be allowed to make decisions about where the Donor lives. They must adhere to these restrictions and conditions.

The Donor will talk to the Attorney about their wishes and feelings and may also include guidance in their LPA to assist them when making best interests decisions on their behalf.


The Attorney can only make decisions about life sustaining medical treatment on behalf of the donor, if the Donor has signed section 6 of their LPA and indicated that they wish you to make such decisions. If you are making a decision about the provision or withdrawal of life-sustaining treatment you must not be motivated by a desire to bring about the person's death. However, you could decide to withhold treatment, even if this means the person will die, if this would be in their best interests, for example, if the treatment is burdensome or is not having any effect.


The decisions your Attorney can make will depend on the powers that you give them when making your LPA. The person will only be able to make decisions that are in your best interests and these may include significant decisions such as:

  • Giving or refusing consent to particular types of health care, including medical treatment decisions.

  • You staying in your own home, perhaps with help and support from social services;

  • You moving into residential housing and choosing the right care home for you.


Your Attorney(s) might also make personal welfare decisions about more day-to-day issues, for example about your diet, your dress or your daily routine. This list is only intended to give examples of the types of decisions that can be made on your behalf using a Personal Welfare LPA.