Written by Kirsty Henton-Naidoo, Solicitor, Private Client
Planning for later life care often involves sensitive conversations and complex decisions. For care home managers, having a clear framework for who can make those decisions is essential. This is where a Lasting Power of Attorney (LPA) can play a vital role, helping to ensure clarity, continuity, and confidence in care delivery.
An LPA allows an individual (the “donor”) to appoint one or more trusted people (the “attorneys”) to make decisions on their behalf if they lose mental capacity. In a care home setting, this provides clear direction on who is authorised to act, reducing uncertainty and avoiding delays at critical moments.
There are two types of LPA in England and Wales. A Property and Financial Affairs LPA enables attorneys to manage bank accounts, pensions, and care fees, ensuring that financial arrangements can continue smoothly. A Health and Welfare LPA covers decisions about care, medical treatment, and living arrangements, and becomes active if the individual loses capacity. This is particularly relevant for care planning and consent to treatment.
Many individuals appoint attorneys jointly and severally, meaning they can act together or independently. From a care home perspective, this flexibility is often beneficial, as it helps prevent delays if one attorney is unavailable.
Where no LPA is in place and capacity is lost, families may need to apply to the Court of Protection to gain legal authority. This process can take several months and may create challenges around agreeing care or managing finances. In contrast, a registered LPA allows decisions to continue without unnecessary disruption, easing pressure on both staff and families.
Once in place, LPAs support smoother collaboration. Attorneys can attend care reviews, provide consent, liaise with healthcare professionals, and ensure the resident’s wishes are followed. For managers, this means clearer communication channels and more efficient decision-making.
Talking to Families About LPAs: Practical Tips
Raising the topic of LPAs can feel challenging, particularly during emotionally charged periods such as admission. However, handled well, these conversations can be hugely beneficial.
1. Make it part of your process
Introduce LPAs early, as a routine part of enquiries or admissions, rather than in response to a crisis.
2. Keep it simple
Use clear, everyday language. For example: “It ensures the right person can make decisions if your loved one is unable to.”
3. Focus on reassurance
Highlight the benefits, continuity, fewer delays, and peace of mind, rather than concentrating on loss of capacity.
4. Stay neutral
You are raising awareness, not giving legal advice. Encourage families to seek independent guidance if needed.
5. Use gentle prompts
Questions such as “Has anyone been appointed to help manage decisions if needed?” can open up discussion naturally.
6. Be mindful of timing
If families feel overwhelmed, revisit the conversation later and consider providing information they can take away.
7. Encourage early planning
Remind families that LPAs must be set up while the individual still has capacity.
LPAs are more than legal documents. They are practical tools that support better outcomes in care. For care home managers, understanding and confidently introducing LPAs can reduce delays, improve collaboration, and help ensure that every resident’s wishes remain at the centre of their care.
Buss Murton Law supports individuals and families in putting LPAs in place, helping to ensure that when decisions matter most, the right people are empowered to act.
For bespoke advice on this or any other area of law, get in touch with the team now.
Meet the wider team
