Lasting power of attorney

What is is?

A third party is appointed (in advance) to make decisions on the patient’s behalf should they lose capacity. The third party may be one person or more than one person. If the latter, they can be appointed to act together (‘jointly’); or so that each can make decisions alone (‘jointly and severally’). The third party may be a relative/friend or legal advocate. There are two types of lasting power of attorney: health and welfare; and property and finance affairs.

Learn more about each type

Health and welfare

For decisions regarding health

Only takes effect if the patient lacks capacity

The third party can make decisions as if they were the patient. They can decide about the patient’s:
- Daily routine
- Medical care
- Moving into a care home
- Refusing life-saving treatment

However, the power of attorney only has the right to refuse offered medical treatments, not to choose which treatments to have

Property and finance affairs

For decisions regarding finances, bills, pensions, and selling property

Can take effect immediately with patient’s consent

How to register

There is a fee payable to the Office of the Public Guardian to register a power of attorney, and there will also be legal fees if a solicitor is used
Application can be made via a solicitor or independently online or by paper forms (www.gov.uk/power-of-attorney)
Documents will also need to be signed by witnesses

Test your knowledge with a scenario

A 72 year old patient is admitted to the hospital with type 2 respiratory failure due to a COPD exacerbation. They have failed medical management and are failing non-invasive ventilation (NIV). The patient is now unconscious. Your consultant has made the decision to stop NIV and commence end of life care. You call the patient’s daughter (next of kin) in to inform them; however, they are not happy with this decision and present LPA paperwork. They insist that the NIV is not stopped.

What is the legal standing?

Oops! This section is restricted to members. Click here to signup!

How would you manage the situation?

Oops! This section is restricted to members. Click here to signup!

No comments yet 😉

Leave a Reply Cancel reply

You must be logged in to post a comment.

Don't take our word for it

"The stations you provide are strikingly similar to those I came across during my medical school finals (some even verbatim!), and I have tried many other exam platforms. I'm truly grateful for your priceless support throughout my final couple of years at medical school!"

Raza Q 🇬🇧

"It has absolutely everything for medical school, so many histories with detailed differential diagnoses, how to approach emergencies, commonly prescribed drugs..every kind go examination you’ll ever need in osces"

John R 🇬🇧

"Thank you SO MUCH for the amazing educational resource. I’ve tried lots of platforms and books with mock OSCE stations and yours is by far and away the best I’ve tried"

Ed M 🇳🇿

"Get this right away. So helpful for OSCEs but also general clinical learning and understanding. Wish I had brought it sooner"

Emma W 🇬🇧

"Without a doubt, your platform outshines all other OSCE resources currently available. In all honesty, I can confidently attribute my success in securing a distinction in my finals to OSCEstop."

Harish K 🇬🇧

"OSCEstop distinguishes itself from many other platform banks by offering a wealth of questions that mimic the demanding and complex aspects of our finals. This platform played a crucial role in ensuring I was ready for the level of difficulty that awaited me in my final exams."

Natasha W 🇳🇿

😃 More:

📖 Learning notes: 246

🏥 Stations available: 207

🧠 Qbank questions: 2255

🫀 Conditions: 558