Guidance

LP10 Getting started as an attorney: health and welfare (web version)

Updated 30 May 2025

Applies to England and Wales

1. How to be an attorney

You바카라 사이트™ve been appointed as an attorney under a lasting power of attorney (LPA).

The person who made the LPA (the 바카라 사이트˜donor바카라 사이트™) trusts you to make decisions for them if they lose mental capacity.

바카라 사이트˜Mental capacity바카라 사이트™ is the ability to make a specific decision at the time that it needs to be made.

The LPA covers health and care decisions such as:

• where the donor lives

• their day-to-day routine

• personal care

• medical treatments

The law says you must always act honestly and in the donor바카라 사이트™s best interests.

2. What to do now

Talk to the donor about their likes and dislikes, for example:

• any special diet (such as vegetarian)

• where they want to live

• what will happen if they can바카라 사이트™t care for their pets

• how they like to dress and wear their hair

• hobbies and tastes in music, TV, radio or books

• if they prefer being indoors or outdoors

• small things that cheer them up, such as a favourite film, a crossword, a glass of wine or a walk

The more you know, the better you바카라 사이트™ll be able to decide on their behalf, if ever the donor can바카라 사이트™t.

Ask the donor if they바카라 사이트™ve made care plans:

• an to refuse specific treatments (sometimes called a 바카라 사이트˜living will바카라 사이트™) that health and social care staff can follow

• a statement of wishes and preferences about their care and treatment (this might be written or told to people)

Check if the donor chose you in the LPA to refuse or consent to treatment to keep them alive. If it바카라 사이트™s you, and they lose capacity:

• you can talk to doctors as though you were the donor

• the LPA may replace any advance decision to refuse a life-sustaining treatment

Find out the donor바카라 사이트™s views on life-saving and other health and social care, including any restrictions or guidance in their LPA.

Ask the donor:

• for contact details (for example, their GP, dentist, optician)

• where they keep the LPA document

Get certified copies of the LPA document

• If they have mental capacity, the donor can certify copies.

• A solicitor or notary will make them for a fee.

3. Helping the donor

As an attorney, you must help the donor to reach their own decisions, if they can.

You can바카라 사이트™t decide for the donor just because you think their decisions are odd or unwise.

The law says that you must assume that someone can make decisions, unless it바카라 사이트™s shown that they can바카라 사이트™t.

Help the donor to make decisions

• Check: can they make some decisions?

• Explain in different ways. Would using pictures, sign language or their native language help?

• If there are times when the donor cannot decide and the decision바카라 사이트™s not urgent, wait.

A lack of mental capacity is when a mind or brain problem stops a person making a specific decision when they need to.

If the donor doesn바카라 사이트™t have mental capacity:

• follow any LPA restrictions or conditions

• try to follow guidance in the LPA

• ask others what the donor would do

• don바카라 사이트™t make assumptions based on the donor바카라 사이트™s age, behaviour, condition or appearance 바카라 사이트“ think about what they as an individual would want

Avoid decisions that restrict the donor바카라 사이트™s freedom

Look for an option with less of an impact.

Make decisions in the donor바카라 사이트™s best interests

Each decision must be the best choice for the donor, not just one that suits other people.

4. Keep records

If you make an important decision for the donor, make a note of it and why it was in their best interests. Write down decisions such as moving the donor to another home, choosing care services or refusing medical treatment.

5. Informing others

Let people know they must contact you, if the donor can바카라 사이트™t make decisions. Tell:

• carers, friends and family

• the donor바카라 사이트™s GP and other healthcare staff

• care workers, the donor바카라 사이트™s social worker and other social care staff

• care home staff, sheltered housing wardens or other housing workers

Staff may want to see proof of your identity and the original LPA or a certified copy 바카라 사이트“ not a photocopy.

Describe the donor바카라 사이트™s choices

• Tell health and social care staff the donor바카라 사이트™s views on care and medical treatment.

• Give the GP and health and social care staff copies of any advance decision or written statement of wishes and preferences.

• Let care home workers, home helps and hospital staff know about the donor바카라 사이트™s likes and dislikes.

6. Other attorneys

If there are other attorneys, the LPA will say how you act together:

• jointly and severally 바카라 사이트“ you can decide with other attorneys or by yourself

• jointly 바카라 사이트“ all attorneys must agree every decision

• jointly for some decisions and jointly and severally for others 바카라 사이트“ you must agree decisions that are set out in the LPA with all the attorneys. You can make others alone

If you have to make a decision jointly and you don바카라 사이트™t all agree, it can바카라 사이트™t be made.

Can바카라 사이트™t agree?

If you and other attorneys can바카라 사이트™t agree, ask family and friends what the donor would want and what바카라 사이트™s in their best interests.

Use advocacy or mediation. Look online or ask at a library. If the donor is in a home or gets social care, ask staff for help.

You can contact OPG and we may be able to advise, or you may need to apply to the Court of Protection. This could cost £385 or more.

6.1 Before you act

THINK 바카라 사이트“ is this what the donor would want?

CHECK 바카라 사이트“ can the donor be helped to make all or part of the decision?

REMEMBER 바카라 사이트“ every decision must be in the donor바카라 사이트™s best interests.

7. Advice

(NHS Wales)

(disability charity)

8. More information

How to be a health and welfare attorney (LP15)

Mental Capacity Act 2005 Code of Practice

The Code of Practice explains attorneys바카라 사이트™ duties

바카라 사이트

Court of Protection
Department for Communities and Local 바카라 사이트
Department of Health
www.gov.uk

9. How to contact us

Get advice, raise concerns or tell us if the donor바카라 사이트™s or your circumstances change (for example, if you move house).

TELEPHONE

0300 456 0300

Calling from outside the UK: +44 (0)203 518 9639

Relay UK (if you cannot hear or speak on the phone): 18001 0300 123 1300

Monday to Friday 9am to 5pm
Wednesday 10am to 5pm

EMAIL

customerservices@publicguardian.gov.uk

WEBSITE

www.gov.uk/opg