If you lacked mental capacity who would make decisions in relation to your medical treatment and overall wellbeing?

You may be surprised to find that it may not be your next of kin!!

Many people assume that if they lose mental capacity, their next of kin will make decisions about their health and welfare. Unfortunately this may not be the case.

If you lack mental capacity and do not have a registered Health and Welfare Lasting Power of Attorney, the Local Authority can make decisions on your behalf if they believe it is in your best interests. The Local Authority may consult your family but if there is a disagreement between them, it is likely that the view of the Local Authority will succeed. If this happens then your family’s only recourse is to

apply to the Court for a Deputyship Order. This is a very stressful, expensive and lengthy process which results in most applications being rejected.

Without a Health and Welfare Lasting Power of Attorney you are at risk of having strangers making decisions about your personal welfare: if you want to control what happens to you and save your family unnecessary stress, then a Health and Welfare Lasting Power of Attorney is a straightforward and cost-effective solution.

Are you concerned about these issues? We can help you explore these issues in a friendly and informal way. If you would like to make an appointment with Danielle or another member of any of our other teams, please contact us on 01425 610078 or 01590 689500.


Thank you for being so helpful at such short notice yesterday with providing the certified copy of Lasting power of Attorney - property & financial affairs for my Mother.  
Danielle Harvey

Danielle qualified in 2011 and joined Heppenstalls in 2012 in our private client team. Danielle can advise on Will drafting, the preparation of Lasting Powers of Attorney, registration of Enduring Powers of Attorney, Court of Protection matters and estate administration.


STEP Associate member;  Full Accredited Member of Solicitors for the Elderly

To contact Danielle please call Lymington office 01590 689500 or New Milton 01425 610078.