Yeah that was interesting, so I would assume that this would need to be:
- LPA for Health and Welfare (NB: I wonder whether the OPG would consider an opt in or opt out of this (or at least allude to this in the ‘instructions’ section), like there is the opt in / out for life sustaining treatment in section 5 of the form “You must choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf.”, LP1H Lasting power of attorney - Health and care decisions)
- Deputy for Health and Welfare (but would need to be specified in Court Order)
- Re 16 & 17 year olds we have In the matter of D (A Child) - UK Supreme Court which concluded “para 49 […] it was not within the scope of parental responsibility for D’s parents to consent to a placement which deprived him of his liberty”. Interesting to see what happens in this space.