What Is Lasting Power of Attorney For Health and Welfare?
In the UK, making plans for your future isn’t just about finances—it’s also about your health, wellbeing, and personal care. This is where a Lasting Power of Attorney for Health and Welfare becomes essential. But what exactly is it? Who should set one up, and how does it work?
This article breaks down what a Health and Welfare LPA is, when it comes into effect, and why it’s a vital part of any estate or life planning strategy.
If you’re unsure about your next steps, book a free consultation with our expert estate planning team. We’ll walk you through your options. You can also check our transparent pricing for setting up LPAs with legal support.
What Is a Health and Welfare Lasting Power of Attorney?
A Health and Welfare Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more trusted individuals (your “attorneys”) to make decisions about your personal health and care if you lose the capacity to decide for yourself.
This document is separate from the Property and Financial Affairs LPA, which deals with money, property, and legal matters. The Health and Welfare LPA focuses strictly on non-financial decisions.
What Decisions Can Be Made Under a Health and Welfare LPA?
Your appointed attorney(s) can make decisions about:
- Your daily routine – such as washing, dressing, eating
- Your medical treatment and access to healthcare
- Living arrangements and care home decisions
- Who you have contact with
- Consent to or refusal of life-sustaining treatment (if you allow it in the LPA)
Important: These decisions can only be made when you are assessed as lacking the mental capacity to decide for yourself.
When Does a Health and Welfare LPA Take Effect?
Unlike the financial LPA, a Health and Welfare LPA only comes into effect once you lose mental capacity. That means your attorney has no authority to make health or care decisions while you’re still able to make those decisions independently.
The assessment of your mental capacity is based on the Mental Capacity Act 2005, which includes:
- Understanding the decision to be made
- Retaining the relevant information
- Weighing the options
- Communicating a decision
Why Is a Health and Welfare LPA Important?
Without a valid Health and Welfare LPA, your loved ones or carers cannot legally make decisions on your behalf regarding your care, even if they are your next of kin. Instead, decisions could fall to social services or medical professionals, potentially creating delays or conflicts.
Some of the key benefits include:
- Control: You decide who makes decisions if you’re unable to
- Peace of mind: Your wishes are clearly documented
- Faster care decisions: Attorneys can act promptly in emergencies
- Protection: Avoids the need for costly Court of Protection applications
If you want to ensure your preferences are followed and someone you trust has the authority to advocate for your care, setting up this type of LPA is essential.
Who Should Set Up a Health and Welfare LPA?
Anyone over the age of 18 with mental capacity can set up an LPA. However, it’s particularly important for:
- Those with progressive medical conditions (e.g., dementia, MS)
- Anyone who wants control over their future medical decisions
- People with no close family who may need an appointed advocate
- Couples who want to make health decisions for each other legally
Don’t wait until it’s too late. It’s far easier and more affordable to set up an LPA in advance than to go through the Court of Protection after capacity is lost.
How to Set Up a Health and Welfare LPA
The process of creating a Health and Welfare LPA involves several steps:
- Choose your attorney(s): Pick someone trustworthy, ideally with good communication skills and a clear understanding of your values
- Complete the LPA form: Use the GOV.UK website or a solicitor
- Get it signed: In the correct order—donor, certificate provider, then attorneys
- Register with the OPG: Pay the fee (£82 unless you qualify for a reduction or exemption)
It typically takes 8–10 weeks to register an LPA, including the mandatory waiting period. To avoid mistakes or delays, we recommend speaking with an expert before submitting your documents.
Can I Have More Than One Attorney?
Yes. You can appoint multiple attorneys and decide whether they must act:
- Jointly: All must agree on every decision
- Jointly and severally: They can act independently or together
You can also appoint replacement attorneys in case your original choices can no longer act for you.
What If I Change My Mind?
You can revoke a Health and Welfare LPA at any time while you still have mental capacity. You must do this in writing and inform the OPG. Once registered, you can also apply to remove attorneys or cancel the document entirely.
Health and Welfare LPA vs Advance Decision (Living Will)
An Advance Decision (also known as a Living Will) is another way to express your treatment preferences. However:
- A Health and Welfare LPA appoints a person to make decisions
- An Advance Decision lays out instructions that must be followed (e.g., refusing resuscitation)
You can have both—but if there’s a conflict, the most recently created document usually takes precedence.
FAQs: Health and Welfare LPA
Can I have a Health and Welfare LPA without a financial LPA?
Yes. You can choose to have one or both types. Many people choose to set up both for complete protection.
Does my spouse automatically have authority without an LPA?
No. Even if you’re married or in a civil partnership, your partner does not automatically gain legal authority over your health decisions without a registered LPA.
Can I include specific instructions or preferences?
Yes. The LPA form allows you to include legally binding instructions or non-binding preferences to guide your attorney’s decisions.
Can I restrict what decisions my attorney can make?
Yes. You can specify the types of decisions your attorney is allowed to make and restrict their authority in certain areas.
Conclusion
Creating a Health and Welfare Lasting Power of Attorney is one of the most important steps you can take to protect your personal wishes and ensure that someone you trust can make decisions about your care if you’re unable to.
This type of LPA provides peace of mind, preserves dignity, and ensures decisions align with your values—especially during unexpected medical situations.
If you’re ready to take the next step, book your free consultation today. We’ll guide you through the process from start to finish. You can also explore our clear pricing to see how affordable complete legal protection can be.