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Lasting Power of Attorney for Health and Welfare –
Why It Matters for NHS Continuing Healthcare 6th November 2025 The Mental Capacity Act 2005 quietly underpins almost every decision made within NHS Continuing Healthcare (CHC). It governs how decisions are taken for someone who can no longer make them for themselves, how best interests are determined, and who has the legal authority to speak and act on another person’s behalf. It is also the legislation that introduced the Lasting Power of Attorney (LPA), replacing the old Enduring Power of Attorney in 2007. Under this framework, any adult with mental capacity can appoint one or more trusted individuals to make decisions for them if capacity is lost in the future. A Health and Welfare LPA allows attorneys to be involved in decisions about medical treatment, care arrangements and, crucially, matters that arise during CHC assessments and reviews. Once registered with the Office of the Public Guardian (OPG), the LPA becomes legally effective, and attorneys are required to act solely in the donor’s best interests. What is often overlooked is just how central this authority becomes once someone is no longer able to engage meaningfully with the CHC process themselves. An LPA safeguards decision-making during life, not after death. It ensures that if capacity is lost, the people you trust can continue to act on your behalf without delay, dispute or the need for court intervention. Why this matters in CHC cases In theory, families are always consulted during CHC assessments. In practice, however, the absence of a valid Health and Welfare LPA can significantly limit what relatives are allowed to do. Without it, family members may be treated as “interested parties” rather than legal decision-makers. They can be informed, but not necessarily listened to. They may attend meetings, but their authority to challenge decisions, request reviews or give instructions is often questioned. This can become particularly problematic where assessments are contested, funding is withdrawn, or appeals are required. At exactly the point when advocacy and clarity matter most, families can find themselves on uncertain legal ground. By contrast, where a Health and Welfare LPA is in place, attorneys have a clear, recognised right to be involved in decisions, to access information, and to act formally on the individual’s behalf. In CHC cases, that clarity can make a substantial difference to how smoothly — and lawfully — the process unfolds. Registering and verifying an LPA Before an LPA can be used, it must be registered with the Office of the Public Guardian. Once registered, the document is returned with a distinctive green stamp on each page confirming its validity. Since January 2016, LPAs registered in England and Wales can also be verified online using the GOV.UK service “Use a lasting power of attorney”. Attorneys can generate a secure access code, which can then be shared with organisations such as banks, GP practices, hospitals or local authorities. Staff can use a companion service to confirm that the LPA exists and remains valid. This digital system can be useful for short-term interactions. However, in longer and more complex processes — such as CHC applications, reviews and appeals — it has clear limitations. Access codes expire after 30 days and must be regenerated repeatedly. Staff turnover, departmental changes and administrative delays mean that families are often asked for proof of authority again and again. Why certified copies still matter For this reason, certified paper copies of the Health and Welfare LPA remain the most reliable form of proof in CHC cases. At ARROW, we rely on certified copies when representing clients. CHC processes can run for many months and involve multiple organisations. Certified copies do not expire, are accepted across NHS and social care settings, and avoid repeated delays caused by lapsed access codes or administrative uncertainty. Put simply, certification makes an LPA usable in real life, not just valid in law. How to obtain certified copies Obtaining a legally certified copy of an LPA is usually straightforward. If the person who made the LPA still has mental capacity, they can certify copies themselves. Each page should be marked to confirm it is a true and complete copy of the corresponding page of the original document, and the final page should confirm that the copy is a true and complete copy of the original as a whole. Every page must be signed and dated in ink, ideally on the same day, with clear and consistent handwriting. If the donor no longer has capacity, a solicitor, notary public or other authorised professional can certify copies instead. Many high-street solicitors offer this service for a modest fee, often while you wait. It is sensible to keep several certified copies available. They may be needed by hospitals, GP surgeries, local authority teams or NHS bodies at different stages, and having spares can prevent unnecessary delays at critical moments. Certified copies remove barriers. They provide immediate, recognisable proof of authority and allow a CHC case to continue smoothly even when staff, departments or circumstances change. A final thought In NHS Continuing Healthcare, timing and authority matter. Decisions are often made quickly, sometimes under pressure, and not always with full transparency. A Health and Welfare LPA, properly registered and certified, ensures that when capacity is lost, decision-making does not stall and trusted voices are not sidelined. It is one of the most important — and most underestimated — safeguards a family can put in place. If you are unsure how an LPA fits into NHS Continuing Healthcare, or would like to understand the process more clearly, you are welcome to get in touch with ARROW for a free, informal conversation. We can help you think through the next steps and ensure that the right legal foundations are in place before they are urgently needed. You do not have to navigate this complex system alone — and your relative should not miss out on funding to which they may be legally entitled. ARROW Continuing Healthcare Consultants offer independent, expert support to ensure families receive the funding they are legally entitled to. Contact us today for a confidential, no-pressure chat. |
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learn more about how arrow can support you with your claim
At ARROW, we provide expert guidance and hands-on support throughout the NHS Continuing Healthcare (CHC) process. We can: ✔️ Arrange an initial Checklist assessment for you or your loved one. ✔️ Fully prepare you for the Checklist and Decision Support Tool (DST) assessments. ✔️ Gain access to healthcare records (for relatives, a certified Power of Attorney or Court Deputyship Order is required). ✔️ Build strong evidence using medical and care records to support your case. ✔️ Draft evidence-based supporting statements for assessment and appeal panels. ✔️ Represent and advocate for you or your loved one at any stage of the process. ✔️ Manage appeals if you’ve been wrongly assessed as ineligible for CHC funding. 💡 If you believe you or your loved one may qualify for NHS Continuing Healthcare, don’t go through it alone--let ARROW guide you every step of the way! 📞 Contact us today for a FREE consultation! |
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