Can I make decisions about my spouse’s medical care?

Lately, we’ve talked to quite a few clients who were surprised to find out they don’t have much say over medical decisions for their partner or spouse without a Lasting Power of Attorney (LPA). So, we thought it’d be a good idea to break down why having an LPA is important and what it actually means.

Lasting Power of Attorney

In England and Wales, if your partner loses capacity, you have very limited authority to make medical decisions on their behalf unless you have a Lasting Power of Attorney (LPA) for Health and Welfare. Without this, medical professionals and social services will decide what they believe is in your partner’s best interests.

A Lasting Power of Attorney (LPA) for Health and Welfare is a crucial legal document. It allows an adult (known as the donor) to appoint another person or persons (called the attorney(s)) to make health and welfare decisions on their behalf if they lose mental capacity. With this authority, an attorney can make decisions about medical treatment and care, where the donor should live, and other personal welfare matters, including end-of-life care. If the donor explicitly chooses this option, the attorney can even refuse consent to life-sustaining treatment.

LPA for Health and Welfare

An LPA for Health and Welfare only takes effect when the donor loses mental capacity. While the donor still has capacity, they continue to make their own decisions. Without an LPA for Health and Welfare, expressing your wishes does not grant you legal authority to make decisions. Instead, medical professionals and social services will make decisions based on their judgment of what is in your partner’s best interests. Establishing an LPA for Health and Welfare beforehand can help ensure that your partner’s preferences are respected and that you are involved in any critical decisions about their care.

To set up an LPA for Health and Welfare, applications are made through the Office of the Public Guardian. It is advisable to seek legal guidance to ensure it is completed correctly.

Having a Lasting Power of Attorney (LPA) for Health and Welfare ensures that your partner’s medical and personal welfare decisions are made by someone they trust, rather than by healthcare professionals or social services. Without this, you could be excluded from significant decisions regarding their care.

Please contact our experienced team, and we will assist you in arranging everything necessary to ensure that your partner’s wishes are respected.