LPA Capacity Assessment

(Health & Welfare)

A Health & Welfare Lasting Power of Attorney allows someone to make decisions about medical treatment, daily care, and life-sustaining interventions on behalf of a person who can no longer decide for themselves. At ABCapacity, I provide clear, independent assessments to determine whether an individual has capacity to create this type of LPA.

These assessments are carried out with empathy, patience and a strong commitment to supporting the client’s understanding.

  • This LPA allows an Attorney (person you trust) to make decisions about:

    • Medical treatment and healthcare

    • Daily living needs

    • Care home decisions

    • Life-sustaining treatment (if authorised)

    To make a valid Health & Welfare LPA, the donor must understand:

    1. The role and responsibilities of their Attorney

    2. The types of personal decisions the Attorney may make

    3. That these decisions only apply if they lose capacity

    4. They can choose one or multiple Attorneys

    5. They can provide instructions or preferences

    6. They can decide whether to give authority for life-sustaining treatment decisions

    This decision is personal, emotional, and sometimes complex. My assessments ensure the donor is supported and given space to express their wishes clearly.

  • Independent assessments are helpful when:

    • The donor has a medical or cognitive condition

    • Family members disagree about the LPA

    • The donor is unsure about the role of an Attorney

    • There is a risk of undue pressure

    • The donor requires extra time or support to understand the decision

    • There are questions about the donor’s reasoning

    A capacity assessment helps protect the donor and ensures the document is robust and legally defensible.

  • A structured Health & Welfare LPA assessment includes:

    • Explaining the purpose of the LPA and when it applies

    • Discussing who will be appointed and the reasons for choice

    • Understanding the Attorney’s responsibility for personal welfare decisions

    • Exploring life-sustaining treatment preferences

    • Assessing the donor’s ability to understand, retain and weigh information

    • Providing supportive communication throughout

    No assumptions are made based on diagnosis, age or appearance. Every conclusion is based solely on the individual’s ability to make this specific decision at that specific time.

  • ✔ A clear, structured report aligned with MCA 2005
    ✔ Transparent reasoning and evidence
    ✔ Recommendations for best practice where needed
    ✔ Suitable for solicitors, families, and OPG review
    ✔ Fast, professional turnaround

If you would like to book an assessment or discuss a client, please get in touch.


📧 antony.barron@abcapacity.co.uk
📞 07356 070724

Warm, clear and professional support for you and your clients.