Health and Welfare LPA: Everything You Need to Know

What is a Health and Welfare LPA?

A Health and Welfare Lasting Power of Attorney gives your chosen attorney(s) the legal authority to make decisions about your health, care, and medical treatment. It only comes into effect when you lack the mental capacity to make these decisions yourself.

This LPA ensures your voice is heard in healthcare decisions, even when you can't speak for yourself.

What Does It Cover?

Medical Treatment

Consenting to or refusing treatment
Choosing between treatment options
Deciding on medication
Agreeing to surgery
Accepting or declining tests

Daily Care

Washing and bathing routines
Dressing preferences
Food and diet choices
Daily activities and routines

Living Arrangements

Where you live
Moving to a care home
Type of care setting
Location of care

Social Care

Community care services
Day centre attendance
Care package arrangements
Support workers

Life-Sustaining Treatment (Optional)

If you choose to include this power, your attorney can make decisions about:

Artificial nutrition and hydration
Ventilation and life support
CPR preferences
Palliative care

Important: You must specifically tick this option in your LPA. Without it, doctors make these decisions.

When Can It Be Used?

Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA can only be used when you lack capacity to make a specific decision.

What This Means

If you can make a healthcare decision, your attorney cannot override you
Capacity is assessed for each decision
Your attorney's authority is limited to decisions you can't make
When capacity returns, your authority returns

Practical Example

You might have capacity to choose what to eat but lack capacity to understand complex cancer treatment options. Your attorney could help with treatment decisions but not with your lunch order.

Key Decisions Your Attorney Can Make

Routine Healthcare

GP appointments and treatment
Medication management
Physiotherapy and therapies
Dental and optical care

Hospital Care

Admission decisions
Surgery consent
Treatment plans
Discharge arrangements

Care Home Decisions

Whether to move to a care home
Which care home to choose
Level of care needed
When to move between settings

End of Life (if authorised)

Life-sustaining treatment decisions
Palliative care choices
Where you want to die
DNR (Do Not Resuscitate) decisions

What Your Attorney Cannot Do

Even with a Health and Welfare LPA, your attorney cannot:

Demand specific treatments (doctors have clinical judgment)
Override your advance decisions made while you had capacity
Consent to you being sectioned under Mental Health Act
Make decisions about your finances
Make decisions you're capable of making yourself

Life-Sustaining Treatment: The Important Choice

When creating your LPA, you must decide whether to give your attorney power over life-sustaining treatment.

If You Include This Power

Your attorney can decide to:

Continue life-sustaining treatment
Withdraw life-sustaining treatment
Refuse life-sustaining treatment

They must always act in your best interests.

If You Don't Include This Power

Doctors make decisions based on clinical judgment
Your attorney is consulted but can't decide
Medical best practice guidelines apply

What to Consider

Have honest conversations with your attorney about your wishes
Document your preferences in the LPA
Consider an Advance Decision for specific scenarios
Review your choice periodically

Choosing Your Health and Welfare Attorney

For healthcare decisions, choose someone who:

Knows your values and wishes
Can handle difficult conversations
Will advocate for you
Isn't squeamish about medical matters
Lives close enough to attend appointments

This doesn't have to be the same person as your financial attorney. Many people choose:

Spouse or partner (who knows you best)
Adult children (who can attend appointments)
Close friends (who share your values)

Recording Your Preferences

Your LPA can include guidance for your attorney:

Preferences (guidance)

"I would prefer to die at home if possible"
"I want to try all treatment options before giving up"
"Quality of life matters more to me than length of life"
"My faith is important in care decisions"

Instructions (more binding)

"Do not place me in X care home"
"Always seek a second opinion for major decisions"
"Consult my GP before major treatment changes"

Working With Healthcare Professionals

Your attorney works alongside healthcare professionals, not against them:

Doctors provide clinical expertise
Your attorney provides knowledge of your wishes
Together they make decisions in your best interests
If they disagree, the Court of Protection can decide

Protecting Your Healthcare Wishes

Don't leave your healthcare to chance. A Health and Welfare LPA ensures your values guide every medical decision.

Start Your LPA →