Mental Health Conditions and LPA: What You Need to Know

Mental Health Conditions and LPA

Having a mental health condition does NOT automatically mean you can't make an LPA. Capacity is assessed at the time of making the LPA and for the specific decision.

Can You Make an LPA with a Mental Health Condition?

The Short Answer

Yes, in most cases. Having a mental health diagnosis doesn't mean you lack capacity.

Conditions and Capacity

People with the following can usually make an LPA:

• Depression
• Anxiety disorders
• Bipolar disorder (when stable)
• Schizophrenia (when symptoms managed)
• Personality disorders
• PTSD
• OCD
• Eating disorders

Understanding Mental Capacity

The Mental Capacity Act 2005 says you have capacity if you can:

Understand information about the decision

Retain the information long enough to decide

Weigh up the options

Communicate your decision

A mental health condition doesn't automatically affect these abilities.

Timing Your LPA

Best Time to Create LPA

For conditions that fluctuate:

• During a stable period
• When symptoms are well-managed
• When you feel mentally clear
• Not during a crisis episode

Avoid Creating LPA During

• Acute psychotic episodes
• Severe depressive episodes
• Manic episodes
• Crisis situations
• Heavy sedation

Why People with Mental Health Conditions Need LPAs

Reasons to Have an LPA

Crisis Planning: If hospitalised, someone can manage affairs

Medication Decisions: Attorney can engage with treatment decisions

Financial Protection: Bills don't stop during hospital stays

Recovery Focus: Less worry about practical matters

Empowerment: You choose who helps, not the system

Health & Welfare Considerations

You can include preferences about:

• Preferred treatments
• Medications to avoid
• Hospital preferences
• ECT decisions
• Sectioning situations

The Certificate Provider's Role

The certificate provider must confirm you have capacity. For mental health conditions:

• They may ask extra questions
• A professional certificate provider may be best (GP, psychiatrist)
• They should see you when you're well
• They must be satisfied you understand the LPA

If Capacity Fluctuates

What the Law Says

Capacity is decision-specific and time-specific. You need capacity when signing the LPA—not permanently.

Practical Steps

Plan to sign when you're well

Have a supportive environment

Allow extra time if needed

Consider a professional certificate provider

Document that you had capacity when signing

Sectioning and LPA

An important point: If you're sectioned under the Mental Health Act, your Health & Welfare attorney cannot override the sectioning or treatment decisions made under the Act.

However, they CAN:

• Make other health decisions not covered by sectioning
• Advocate for your wishes
• Manage financial affairs
• Make decisions when you're released

Choosing an Attorney

Consider choosing someone who:

• Understands your condition
• Knows your treatment preferences
• Can communicate with mental health teams
• Will respect your wishes during episodes
• You trust completely

Including Mental Health Preferences

In your LPA preferences, you might include:

• Preferred medications
• Treatments you want to avoid
• Hospital preferences
• Crisis contacts
• Recovery approaches you prefer

Talking to Your Mental Health Team

Let your care team know:

• You're creating an LPA
• Who your attorney will be
• What your preferences are
• They may be able to support the process

Create Your LPA Today →