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LPA Health and Welfare Scope — MRCPsych Paper B MCQ

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ModerateMental Health LawLPA Health and Welfare ScopeMRCPsych Paper B

In England and Wales, a registered health and welfare lasting power of attorney gives an attorney general authority over the donor’s health and welfare. The donor now lacks capacity to make the relevant decisions. The instrument expressly authorises decisions about life-sustaining treatment and contains no relevant restrictions. Which statement best describes the attorney’s lawful scope?

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Correct answer: D — They may decide about accommodation, day-to-day care and medical treatment, including giving or refusing consent to life-sustaining treatment.

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

A health and welfare LPA may cover accommodation, personal and day-to-day care, and consent to or refusal of medical treatment. It operates only when the donor lacks capacity for the particular decision. Authority also extends to life-sustaining treatment when the LPA contains express provision to that effect, as stated here. Therefore B is correct. Property and financial decisions require the separate property and financial affairs LPA, excluding A. C incorrectly removes the attorney’s ordinary authority over healthcare. D would apply only if the donor had not expressly authorised the attorney to decide about life-sustaining treatment. E is incorrect because a health and welfare attorney cannot override a capacitous decision by the donor.

Reference: Mental Capacity Act 2005, sections 9 and 11, 2005. https://www.legislation.gov.uk/ukpga/2005/9/pdfs/ukpga_20050009_en.pdf