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Making decisions about your health, welfare and finances

Who decides when you can't?

  • Do you have an illness, injury or disability that may cause you difficulties in making decisions? 
  • Do you care for, work with, or know someone who has difficulties in making decisions? 
  • Do you want to plan ahead in case you are unable to make important decisions for yourself in the future?

If so, there is legislation that can help and action you can take to plan for the future.

The Mental Capacity Act

The Mental Capacity Act 2005  protects people aged 16 or over who lack the mental capacity to make decisions for themselves. It also empowers people who may be thought of as unable to make any decision when in fact they may be able to make certain decisions or to make decisions at certain times.

Lasting Power of Attorney 

A Lasting Power of Attorney (LPA)  is a legal document which enables you to appoint someone (known as an attorney) to make decisions on your behalf if a time comes when decisions need to be made and you can't make those decisions for yourself i.e. you lack mental capacity, perhaps because of an illness or an accident.

There are two types of Lasting Power of Attorney

  • property and financial affairs
  • health and welfare

You can choose to make just one of these, or both.  An LPA has to be registered with the Office of the Public Guardian before it can be used.

The Older People's Commissioner for Wales and the Office of the Public Guardian have worked in partnership to develop an easy guide to Lasting Powers of AttorneyOpens new window.

For further information, and to obtain the forms that you need to fill in to appoint an attorney, see Gov.uk - Lasting power of attorney, being in care and your financial affairsOpens new window

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