LPA for health and welfare – Making medical decisions on someone’s behalf

The Lasting Power of Attorney (LPA) for health and welfare is a powerful legal tool that allows someone to make important medical and personal care decisions on behalf of another person should they lose their mental capacity. If you’re exploring how to protect your future wishes or help a loved one in times of need, our Wills and Life Planning Solicitors can guide you through the process.

Understanding how a health and welfare Lasting Power of Attorney (LPA) works ensures you or your loved ones are prepared for medical decisions, care arrangements, and end-of-life choices when it matters most.

What is an LPA for health and welfare?

A LPA for health and welfare is a legal document that allows you (the donor) to appoint one or more people (attorneys) to make decisions about your health and personal welfare if you lose the capacity to do so yourself. This differs from a property and financial affairs LPA, which deals with money and assets.

These decisions can include:

• Where you live and the care you receive.
• Medical treatment decisions.
• Day-to-day matters like diet, dress, and daily routine.
• Life-sustaining treatment options.

When does a health and welfare LPA take effect?

The LPA only becomes active once it has been:

1. Properly signed by all parties.
2. Registered with the Office of the Public Guardian (OPG).
3. The donor has lost mental capacity to make decisions independently.

This ensures that while a person still has capacity, they retain full control over their medical and personal care decisions.

Who should you appoint as your attorney?

Choosing an attorney under an LPA for health and welfare is a deeply personal decision. Consider individuals who:

• Understand your values and wishes.
• Are trustworthy and dependable.
• Are comfortable discussing sensitive issues.
• Will be available when needed.

You can also appoint multiple attorneys and specify whether they can act independently from each other or whether they must act jointly (either for all health and welfare decisions, or for specific decisions of greater importance to you).

Medical decisions and consent

An attorney under an LPA has the authority to consent or refuse medical treatment on your behalf, including decisions about:

• Operations or procedures.
• Ongoing treatments or medication.
• End-of-life care, if explicitly authorised in the LPA.

If the LPA includes the authority to make decisions about life-sustaining treatment, doctors and healthcare professionals must consult with the attorney(s) before making these decisions. Without an LPA, such matters may require application to the Court of Protection.

More details on how medical decisions are approached can be found on the NHS guide to LPAs.

Safeguards and oversight

To protect individuals, there are built-in safeguards, as follows:

• Registration with the Office of the Public Guardian is required.
• The donor must have mental capacity at the time of signing.
• A certificate provider must confirm the donor understands the LPA.
• Attorneys have legal duties under the Mental Capacity Act 2005.

If someone suspects an attorney is not acting in the donor’s best interests, they can report concerns to the OPG, which has powers to investigate and act.

Real-world case study

Consider Margaret, an 83-year-old who appointed her daughter as her attorney for health and welfare. Years later, when Margaret was diagnosed with advanced dementia, her daughter was able to work with doctors to respect Margaret’s wishes for minimal intervention. Because the LPA had been prepared and registered in advance, no court process was needed, and her care aligned with her values.

Expert Insights on LPAs

Legal professionals stress the importance of planning early. Key points from specialists include:

• “Create your LPA before capacity becomes an issue – once lost, it’s too late.”
• “Include any specific preferences or instructions that you would like your attorney(s) to follow in the LPA itself.”
• “Review your LPA regularly to ensure it still reflects your preferences.”

Benefits and drawbacks

• Benefits:
  • Ensures your healthcare wishes are respected.
  • Avoids court delays and costs.
  • Provides peace of mind for you and your family.
• Drawbacks:
  • Requires time and legal formality to set up.
  • Must be carefully worded to avoid ambiguity.
  • Potential for disputes if family members disagree.

Looking ahead: Planning for your care

Setting up an LPA for health and welfare is about protecting your autonomy. It allows you to choose who speaks for you when you cannot speak for yourself. If you’re considering taking this step, our

experienced Wills and Life Planning Solicitors can provide tailored advice and support every step of the way.

Contact us for more information or for a free online quote.

FAQ

What can an attorney decide under a health and welfare LPA?
An attorney can decide on daily care, medical treatment, and life-sustaining treatment – only if authorised in the LPA.

Can I appoint more than one attorney?
Yes. You can appoint multiple attorneys and decide if they act jointly or independently.

Does the LPA for health and welfare cover finances?
No. This LPA only covers personal welfare. Financial matters require a separate LPA for property and financial affairs.

Is a solicitor needed to make an LPA?
Not legally, but professional advice helps avoid errors and ensures clarity, especially for sensitive healthcare decisions.

How do I register an LPA for health and welfare?
Complete the LPA form and submit it to the Office of the Public Guardian along with the registration fee.

This article was produced on the 30th May 2025 for information purposes only and should not be construed or relied upon as specific legal advice.