Lasting Power of Attorney

Professionals only need to use the legal powers within the Mental Capacity Act to make decisions on behalf of people who lack capacity if:

1. A person cannot be supported to make their own decision
2. There is not an appropriately registered LPA Health and Welfare. 

If it is established that a person cannot be supported to make their own decision due to a lack of capacity, a professional should then check to see if the person has a registered Lasting Power of Attorney (Health and Welfare). If they do the Attorney makes the decision.

The Attorney may want to take advice and guidance from health and social care professionals but in these circumstances the Attorney is the decision maker. In such situations it is therefore inappropriate for professionals to consider Deprivation of liberty Safeguards, Liberty Protection safeguards or even Best Interest Decisions as the Attorney has the authority to make the required decision.