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LPA Attorney Demanding Futile Treatment — SCE Palliative Medicine MCQ

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HardLegal & Ethical FrameworkLPA Attorney Demanding Futile TreatmentSCE Palliative Medicine

A dying patient's son has Lasting Power of Attorney for Health and Welfare. He instructs the clinical team to 'do everything possible' including CPR and ICU transfer, despite the clinical team's assessment that these interventions would be futile and not in the patient's best interests. What is the legal position?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: A — The LPA attorney must make decisions in the patient's best interests — if the attorney's demands are not in the patient's best interests, the clinical team can challenge through discussion, mediation, and ultimately the Court of Protection

Explanation lettering: E = shown as A · D = shown as B · B = shown as D · A = shown as E

Under the Mental Capacity Act 2005 and associated guidance, an LPA attorney for health and welfare must always act in the donor’s best interests. They do not have absolute power to demand treatments considered clinically futile. Where there is disagreement about best interests, the clinical team should engage in discussion, mediation or involve an IMCA if appropriate, and if consensus cannot be reached, an application can be made to the Court of Protection to resolve the dispute. Distractors A and B are legally incorrect; C wrongly implies absolute authority; D incorrectly asserts GP exclusivity to overrule.

Reference: Making decisions: a guide for people who work in health and social care (GOV.UK, section on best interests disputes, month) and DNACPR decisions (NHS.uk)