Many families in England and Wales could be overruled on care decisions without a Health and Welfare Lasting Power of Attorney, leaving hospitals or councils in charge.
Thousands of families could lose control over care decisions because they do not have a Health and Welfare Lasting Power of Attorney (LPA), according to research by Noble Live-In Care and legal specialists Care Necessities.
An LPA is a legal document that lets someone appoint another person to make decisions if they lose mental capacity.
There are two types of LPA. One covers property and financial matters, including money, bills, pensions and property. The other, a Health and Welfare LPA, covers medical treatment, daily care and where a person lives.
Many families have a financial LPA, but Health and Welfare LPAs are often missing. Without one, families have no automatic right to decide care. Hospitals or local authorities can make ‘bets interests’ decisions, which sometimes favour residential care even when home care is possible.
If urgent decisions are needed and no LPA exists, families may have to apply to the Court of Protection, which can take months and cost thousands of pounds.
Julie Reddish, chartered legal executive at Care Necessities, said a common mistake is that many families assume next of kind can automatically make decisions.
‘In reality, without a registered Health and Welfare LPA, families have no legal authority over where or how care is provided,’ Reddish said. ‘They may be consulted, but the final decision can sit with clinicians or the local authority – often at the worst possible moment.’
Reddish added: ‘A Health and Welfare LPA is the only legal mechanism that allows someone to choose who speaks for them about medical treatment, daily care and where they live. Without it, families cannot insist on live-in or home-based care, and challenging decisions becomes far more difficult, time-consuming and expensive.’
She remarked that early planning is vital: ‘Once mental capacity is lost, it’s too late to put an LPA in place. We always advise families to act early, ensure both Financial and Health and Welfare LPAs are registered, and clearly record care preferences.’
While at-home care can be costly, Noble Live-In Care has highlighted some funding options, including NHS continuing healthcare, fast-track funding, personal health budgets and attendance allowance.
Kirsty Prendiville Lawes, operations manager at Noble Live-In Care, said: ‘The law recognises the importance of independence, familiarity and psychological wellbeing. But without the right legal authority in place, families can lose control at exactly the moment they need it most.
‘Care at home is not a luxury. With the right legal and funding knowledge, it is a protected choice – but only if families act in time.’
Image: Gus Moretta/UnSplash
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