Professional Attorney or Deputy

What is a Health & Welfare Attorney or Deputy?

A Lasting Power of Attorney for Health and Welfare is a legal document that enables you to appoint someone you trust to make crucial decisions regarding your health and welfare if you are unable to make these decisions yourself.

An Attorney will be able to make decisions, such as:

• Deciding medical procedures and operations (if you don't want them),

• Who you have contact with, and how often and in what circumstances,

• Consenting to or refusing medical treatment on your behalf,

• What care and support you should receive: when and how,

• Choosing care providers and treatments for you,

• Where you should live (including care homes),

• Daily routine and lifestyle choices

• Personal care arrangements

It is essential to know that an Attorney under a Health and Welfare must act in the following way:

✅ Only after you lack capacity - Your attorney can only make decisions when you're unable to make them yourself, never before.

✅ Must act in your best interests - All decisions must be made with your wellbeing and interest at heart, even if this is a decision others would make

✅ Follows your wishes, views, opinions and expressed desires - Your attorney should consider your previously expressed wishes and values, and consider what is recorded in your anticipatory care plan we write with you.

✅ Legal protection - Provides a legal framework for you and us as your appointed decision-maker when you can't communicate your wishes.

What is a Professional Attorney or Deputy?

A professional attorney or deputy is a regulated professional, such as a solicitor, social worker, occupational therapist, psychologist or registered nurse acting in a formal role.

The Mental Capacity Act 2005 created the role of Attorney and Deputy for Health and Welfare. Many people who have a Lasting Power of Attorney select a family member to act as their Health and Welfare Attorney. Some prefer to engage a specialist, such as a health or care professional, and that's where we can step in.

Our Care Consultants act when you can't, and we act on your behalf in the long term. Our team of expert health and care consultants are drawn from the nursing, social work or occupational therapy professions, so you'll always be in safe, caring and professionally regulated hands.

All our professional attorneys and deputies are qualified and regulated professionals with over 10 years of post-qualifying experience in the NHS or Social Service. All our attorneys and deputies have undertaken advanced or postgraduate qualifications.

Frequently Asked Questions (FAQs)

How does this service work?

You would select us to act as your Professional Attorney (or Replacement Attorney) under a Lasting Power of Attorney for Health and Welfare, and we will agree to act on your behalf for life. Our Care Consultants can support you later in life, looking after your health, welfare and safety. We do this with care, compassion and a commitment to help you by making the right decisions at the right time. We'll make care and health decisions on your behalf when you're unable to act for yourself, and we will regularly monitor your health, welfare, and care needs.

Why should I use Nova Care Consultants?

It's a fact that we are living longer and have more medical and care needs later in life. The NHS and Social Services are there in emergencies, but the criteria for non-urgent care and support are changing year on year, and sometimes people cannot wait for an emergency to access the right help and support. A Care Consultant for Life is there for you whenever you need us. It's really like having your own health and care team on permanent standby, 7 days a week. A Nova Care Consultant will always be a qualified, registered and regulated health and care professional.

Why would I need a Professional Attorney or Deputy?

There are several reasons why people decide to select and appoint a health and care professional as their attorney. Some of the most common reasons people choose a professional over a family or friend, or a combined professional and lay attorney, may include:

• the person may be living alone without any close connections;

• the person may not have anyone who can support them later in life;

• the person may not have any children or close family members able and willing to act;

• family members of the person might live overseas or be estranged;

• family members of the person may have their own health needs and not be able to act;

• the person may not feel confident that their family will carry out their wishes, either through misunderstanding or because their family have opposing views; or

• the person may not wish to place the burden upon their family.

Is this a regulated area?

Absolutely. As professional attorneys, we are required to follow strict guidelines and adhere to a Code of Practice. Our work is subject to a higher standard, as set out in the Mental Capacity Code of Practice (2007). We also have to maintain our own continued professional development as registered professionals. We work closely with legal professionals in this field, including some judges from the Court of Protection and the Mental Health Tribunal Service, to ensure our service meets the highest standards.

Be aware that some Independent Care Advisors are unregulated and may not be qualified professionals. Anyone in the UK can set up a service or business and call themselves an Independent Care Advisor with no formal training and no official regulator overseeing their practice. Only registered health and care professionals work as Care Consultants with Nova Care, so you're always in safe, caring and regulated hands.

Why should I pay for a professional when a family member is free?

There are several reasons why you might decide to appoint a professional attorney. You may wish to have someone with the necessary skills and knowledge, or you may want to ease the burden on a friend or family member; in some cases, you may not have any friends or family available. We can also act as replacement attorneys, providing a backup for your attorney if they cannot act. Attorneys make complex decisions about another person’s health and welfare matters, often requiring prompt action, as these decisions can have a lasting impact. We understand the importance of making the right decision, so our team has extensive experience in making best-interest decisions. Many of our consultants have managed best interest meetings and have even presented or been called upon to give expert evidence in court. Professional attorneys can call upon extensive knowledge and experience to deal with these matters as effectively as possible.

How can you say you 'act at no cost'?

We have designed a bespoke approach that allows us to act at no cost or at a limited cost to you. Whilst we do not say it's free, it's as close to this as possible. If you would like to learn more, please do not hesitate to contact us to discuss how this works in practice.

How much is your service?

For the first year, we charge a one-off assessment fee of £866. This fee covers your Care Needs and Wellbeing Assessment and your Anticipatory Health and Care Plan, which is undertaken in one or two in-person visits or remotely if you prefer. After the first year, we have two stages: Standby and Active. Each stage has a fixed fee, so you'll know precisely what you'll pay each year:

Standby: After the first year, we charge a £10 weekly retainer fee. This covers your annual review of your two care plans, or up to 5 hours of our time throughout the year.

Active: When we are required to step up and act as your Attorney, we charge a £20 weekly retainer fee. This covers two reviews of your care plans per year, or up to 10 hours of our time throughout the year. If you later regain capacity, you will return to the Standby fee of £10 per week.

Are there additional fees to pay?

Our fees cited above do not include VAT (tax). If you require additional support, we charge our senior consultant hourly rate for any extra time. You can see our rate here. Sometimes we may delegate non-essential tasks to an assistant, whom we directly supervise, and you'll pay about half the hourly fee, which can save and protect your funds. We always ensure that any charges are proportionate, necessary and ethical. Strict Codes of Conduct bind our practitioners to act in accordance with our professional duties and professional values.

How do you get paid if I lose the mental capacity to pay you every year?

This is an important question. You'll need someone else to manage your finances, so either a LPA for Property and Financial Affairs or a third party must sign our terms of business. We also ensure that a special clause is included in your Lasting Power of Attorney that permits us to charge for services; otherwise, we may not be able to act. Many people opt to have a solicitor manage their property and financial affairs later in life, and we feel this offers a strong safeguard to us, and most importantly, to you. We have worked with several law firms and specialist Later Life Consultant Solicitors under this arrangement and will be happy to guide you in this area.

Will my Care Consultants change?

No, this is a promise we make to you that statutory services can never offer this level of continuity; you will always keep the same consultant for life. We can offer this as a private provider.

How do you know which decisions to make on my behalf?

Before we act, we'll get to know you over several meetings and build a detailed profile of your life, wishes, opinions, values and views. We keep this secure on our secure care records system. You can also access this system for a small licensing fee. We'll work together to ensure your needs, wishes, and views are always accurately represented, and when the time comes to make a decision, we'll step into your shoes as far as possible and make the decision in your best interests.

We do this by:

• Supporting you through every step, even when you can't make the decision yourself

• Listening to your needs, views, opinions and even worries and concerns

• Maintaining a detailed and up-to-date Care Needs and Wellbeing Plan

• Keeping your Anticipatory Health and Care Plan up-to-date

• Ensuring your wishes are respected throughout the decision making process

Can I appoint a mixture of Professional and Lay (family) Attorneys?

Yes, we're happy to work alongside a lay attorney or other professional attorneys, such as solicitors. It is usually recommended that you appoint either more than one attorney or one attorney and one replacement attorney. With this in mind, you may decide to appoint a professional attorney alongside a family member or friend, or we could act as the replacement attorney.

Can this service be provided at zero-rated VAT?

No, we have reviewed the provision of healthcare services under HMRC Notice 701/57, and our attorney service does not meet all the conditions required to offer this service at zero-rated VAT. Also, the fees provided above exclude VAT at the Standard Rate.

Have another question?

Please give us a call or book a free consultation. We're happy to speak with you on the phone, on MS Teams, or even meet with you in person.

Do you have any questions?