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Lasting powers of attorney
1Senior Lecturer in Health Law, College of Health Science, Swansea University.
British Journal of Community Nursing
|November 7, 2018
Summary
The Mental Capacity Act 2005 allows individuals to appoint a trusted person through a lasting power of attorney for health and care decisions. This empowers proactive planning for future incapacity.
Area of Science:
- Law and legal studies
- Healthcare policy
- Bioethics
Background:
- Legal frameworks are essential for decision-making when individuals lack capacity.
- The Mental Capacity Act 2005 in England and Wales enables advance planning for future incapacity.
- Lasting powers of attorney (LPAs) are a key mechanism within this Act.
Purpose of the Study:
- To examine the role and implications of lasting powers of attorney for health and care.
- To analyze the impact of LPAs on the professional practice of district nurses.
Main Methods:
- Review of the Mental Capacity Act 2005, specifically sections 9-14 concerning LPAs.
- Consideration of the practical application and impact of health and care LPAs within district nursing.
Main Results:
- The Mental Capacity Act 2005 facilitates the creation of LPAs for health and care.
- District nurses encounter and work with individuals who have appointed attorneys through LPAs.
- Understanding LPAs is crucial for effective district nurse practice in supporting patient autonomy.
Conclusions:
- Lasting powers of attorney are a vital tool for individuals to plan for future incapacity.
- District nurses play a significant role in the implementation and respect of these legal arrangements.
- The effective practice of district nursing requires a thorough understanding of the Mental Capacity Act 2005 and LPAs.
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