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.
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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:
The role and responsibilities of their Attorney
The types of personal decisions the Attorney may make
That these decisions only apply if they lose capacity
They can choose one or multiple Attorneys
They can provide instructions or preferences
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.
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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.
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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.
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✔ 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.