Health & Welfare Lasting Power of Attorney – FAQs
What is a Health & Welfare Lasting Power of Attorney?
A Health & Welfare LPA lets you choose who can make decisions about your care, treatment, and daily living if you lose mental capacity.
When can a Health & Welfare LPA be used?
Only after you lose mental capacity. However, that needs to be qualified. If the decision is important and cannot wait to see if you get better, probably immediately. But if the decision is minor, then thought must be given as to whether you may be able to make the decision in the reasonably near future. So if you are in a permanent vegetative state, the answer is in most cases at once. If you have fallen off your bike and are just temporarily confused, it would be a daring attorney who made any decisions for you.
It cannot be used while you are still able to make your own decisions, with substantial efforts made to see if you can make it with support.
All decisions must be made only in YOUR best interests.
What decisions does a Health & Welfare LPA cover?
It can cover decisions about:
- Medical treatment
- Care and support
- Where you live
- Care homes (without one, the Local Council will probably choose the cheapest and not necessarily the most convenient one!)
- Day-to-day welfare
Contact Property & Financial Affairs FAQs Enduring Power of Attorney FAQs No LPA: Court of Protection
Does a Health & Welfare LPA cover life-sustaining treatment?
Yes — but only if you specifically choose to give your attorneys that authority in the document.
Can my attorney refuse medical treatment on my behalf?
Yes, if:
- You lack mental capacity, and
- The treatment decision falls within their authority
Doctors must consult your attorneys where a valid LPA exists.
Can my attorney decide where I live?
Yes. This can include decisions about moving into or out of a care home, provided it is in your best interests.
Can family members make health decisions without an LPA?
No. Family members have no automatic legal authority once you lose mental capacity, even spouses or adult children, it is over to the Court of Protection.
Do doctors have to follow a Health & Welfare LPA?
Yes. A valid Health & Welfare LPA has legal authority and must be considered in medical decision-making. It does help if they know it exists!
Can I restrict or guide my attorney’s decisions?
Yes. You can include:
- Preferences
- Instructions
- Limits on authority
These must be followed where legally valid.
Is a Health & Welfare LPA the same as a living will?
No. A living will (advance decision) only covers refusal of specific treatments.
A Health & Welfare LPA covers wider, ongoing decisions.
What happens if I don’t have a Health & Welfare LPA?
Decisions may be made by:
- Medical professionals
- Social services
- Or, in some cases, the Court of Protection
Your family may have limited or no say.
Can I have both types of LPA?
Yes. Most people have:
- A Property & Financial Affairs LPA, and
- A Health & Welfare LPA
They cover different areas and work together.
When should I make a Health & Welfare LPA?
While you still have mental capacity. You can never tell what will happen tomorrow, however old or young you are (though you do have to be at least 18).
Once capacity is lost, it is too late. Call the CoP (legal joke!)