LPA precedent instructions and preferences—Health and care LPAs
LPA precedent instructions and preferences—Health and care LPAs

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • LPA precedent instructions and preferences—Health and care LPAs
  • Jointly for some decisions, and jointly and severally for other decisions
  • Reappointment clause where life sustaining treatment decisions are made jointly
  • Access to health records
  • Consent to research
  • Consultation
  • Consultation with attorneys for property and financial affairs
  • Contact
  • Jewish law
  • Blood products
  • more

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.

This document contains precedent wording suitable for inclusion in health and care lasting powers of attorney (LPAs). For precedent wording appropriate for financial LPAs, see: LPA precedent instructions and preferences—Financial LPAs. For precedent wording suitable for inclusion in either financial or health and care LPAs, see: LPA precedent instructions and preferences—Financial and Health and Care LPAs.

Jointly for some decisions, and jointly and severally for other decisions

‘My attorneys must act jointly in respect of decisions relating to:

  1. where I live

  2. whether I should have surgical treatment

  3. whether I should receive life-sustaining treatment

My attorneys may act jointly and severally in respect of all other decisions.’

Notes

Section 10(4) of the Mental Capacity Act 2005 (MCA 2005) provides that an instrument appointing more than one attorney may appoint them to act (a) jointly, (b) jointly and severally, or (c) jointly in respect of some decisions and jointly and severally in respect of others.

The precedent should be inserted in the box at section 7 (instructions) or on continuation sheet 2.

Reappointment clause where life sustaining treatment decisions are made jointly

‘My attorneys may act jointly and severally save with regard to any decision as to the