Health & Welfare Lasting Power of Attorney (LPA)
A Health & Welfare Lasting Power of Attorney (LPA) lets you appoint one or more people you trust to make decisions about your health, care, and day-to-day wellbeing
only if you lose mental capacity. This is the LPA that covers medical decisions, care arrangements, and—if you choose—life-sustaining treatment decisions. It is designed to protect your dignity and ensure that, if the unexpected happens, your voice is still heard through people you trust.
What Decisions Can a Health & Welfare LPA Cover?
A Health & Welfare LPA can cover a wide range of decisions, depending on what you include in the document and whether you give your attorney(s) specific authority.
Your attorney(s) may be able to make decisions about:
• Medical treatment and care plans (an LPA for medical decisions)
• Care and support, including care packages
• Living arrangements, including where you live
• Daily routines and personal wellbeing
• Care home decisions under a lasting power of attorney (for example, agreeing
to a move into residential care)
• Life-sustaining treatment (only if you choose to give this authority)
Even if your family is close and supportive, this LPA provides clarity: professionals know
who is legally authorised to speak on your behalf.
When Can a Health & Welfare LPA Be Used?
A Health & Welfare LPA is different from a Property & Financial Affairs LPA in one
important way:
• It cannot be used while you still have mental capacity
• It only applies if you are unable to make health and welfare decisions yourself
• Until then, you remain fully in control of your care and medical choices
This is why many people put this LPA in place early: it does not take control away—it
simply creates a clear legal route for support if capacity is lost in the future.
Why This LPA Matters
Without a Health & Welfare LPA, your loved ones may be involved in discussions—but they may not have the legal authority to make decisions for you. In that situation:
• Clinicians must make decisions based on what they believe is in your best interests
• Family members may disagree (especially during emotional or urgent situations)
• Care arrangements can become uncertain or delayed
A Health & Welfare LPA reduces that uncertainty by making it clear who you have
chosen to speak for you.
Does an LPA Override “Next of Kin”?
People often ask: can an LPA override next of kin?
In practice, “next of kin” is not the same thing as legal decision-making authority. A
properly made and registered Health & Welfare LPA gives your attorney(s) legal
authority to make health and care decisions on your behalf when you lack capacity.
This helps ensure decisions follow your wishes rather than assumptions about who
should decide.
This LPA ensures the people closest to you can speak on your behalf when it matters most.
Why Many People Choose This LPA
Many people choose this LPA because it protects the people closest to them from
uncertainty and avoids difficult situations becoming more stressful than they need to be.
Common reasons include:
• Ensuring someone trusted can make medical decisions if you cannot
• Giving clarity around care home decisions
• Avoiding confusion about who is authorised to act
• Recording preferences so your values guide decisions
A Health & Welfare LPA gives clarity and reassurance when it’s needed most.
Things to Consider Carefully
Before creating a Health & Welfare LPA, it helps to think through a few practical points:
• Who best understands your values and wishes? (not just who is available)
• Whether you want your attorney(s) to have authority over life-sustaining treatment
• Any preferences you want recorded (for example, care routines, communication
needs, or religious/cultural considerations)
• Whether to appoint more than one attorney and how they should act (Jointly and Severally)
These conversations can feel difficult—but they often prevent greater difficulty later.
Planning ahead can make a difficult situation much easier for the people you love.” (Button text unchanged unless you want it aligned to
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