Health and welfare

It is important that any attorney(s) know their role and have a clear understanding about what is expected of them and about what they cannot do. This will be in accordance with the powers that the donor will have specified in relation to the attorney(s) in the LPA agreement when it was drawn up.

A health and welfare attorney makes (or helps the donor make) decisions about things such as the donor’s daily routine (washing, dressing and eating etc.). They will also be able to be involved in decisions about the level of medical care received and how it is given. They will be able to decide where the donor lives – for example, in relation to whether the donor stays in their own home or goes into a care home (including the choice of care home) or whether they move into the home of a willing family member for fulltime care.

The attorney may need to spend the donor’s money on maintaining or improving their quality of life. This could include new clothes, hairdressing services, decorating their home or room in a care home, paying for extra support to enable the donor to go out more (for example, to visit friends or relatives or to go on short holiday). This is where an LPA for financial decisions comes into play -you must ask for money from the person in charge of the donor’s funds which could be you, if you have also been appointed as attorney for the donor’s financial decisions.

As always, it is important to seek expert advice concerning LPA and the most appropriate type of LPA for your needs.