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Can my attorney decide where I live under a Health and Welfare LPA?

Health & WelfareAsked by Pauline, 68, Wakefield2 months ago810 views

Answered by the SAMEDAY LPA team — qualified estate planner

Yes. Decisions about where you live, including moving you into a care home, are within the powers of a Health and Welfare LPA. They can only make this decision if you've lost the capacity to make it yourself, and they must act in your best interests, taking into account your past wishes and any preferences you've expressed. You can also add restrictions to the LPA — for example, "my attorneys must not place me in a care home unless two doctors confirm it's necessary". Restrictions are powerful but need to be drafted carefully, because a poorly-worded restriction can paralyse your attorneys at the worst time.

Answered · qualified estate planner

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