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Health and Welfare Lasting Power of Attorney
A Health and Welfare Lasting Power of Attorney allows you to choose trusted people to make important decisions about your care, medical treatment and personal welfare if you are ever unable to make those decisions yourself.
These are deeply personal decisions. They may include where you should live, what care you should receive, who should be involved in your wellbeing and, if you choose to give this authority, decisions about life-sustaining treatment.
Many people assume their family would automatically be able to make these decisions if they became seriously unwell, had an accident or lost mental capacity.
Unfortunately, this is not always the case.
At Watkins Solicitors, our Powers of Attorney team provides clear, practical and supportive advice to help you prepare and register a Health and Welfare Lasting Power of Attorney that reflects your wishes.
We advise clients across England and Wales, with offices in Bristol, Bath and Hereford. As a multi-award-winning law firm founded in 1998, Watkins Solicitors has built a strong reputation for providing clear, practical and supportive advice to individuals and families.
To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.
Plain English guidance on care, medical treatment and welfare decisions.
Sensitive support when discussing capacity, illness and deeply personal wishes.
An experienced, multi-award-winning law firm supporting individuals and families.
Advice for clients nationwide, with offices in Bristol, Bath and Hereford.
A Health and Welfare Lasting Power of Attorney, often called a Health and Welfare LPA, is a legal document that allows you to appoint one or more trusted people to make decisions about your health, care and personal welfare.
The person making the LPA is called the donor.
The people appointed to act are called attorneys.
Your attorneys can only act in relation to decisions you are unable to make yourself.
A Health and Welfare LPA focuses on personal decisions about your care, treatment and day-to-day wellbeing.
It is separate from a Property and Financial Affairs LPA, which deals with money, bank accounts, bills, pensions, property and other financial matters.
A Health and Welfare LPA can allow your attorney to make decisions about matters such as:
This can provide reassurance that people who know you, understand your wishes and care about your wellbeing can be involved if you are unable to make decisions yourself.
Your attorneys cannot take over your decisions while you still have mental capacity.
If you can make a decision yourself, that decision remains yours.
The LPA becomes relevant only if you cannot make or communicate a particular decision at the time it needs to be made.
This is an important safeguard and helps protect your independence.
Many people believe that their spouse, civil partner, adult children or next of kin would automatically be able to make health and care decisions for them.
Family members may be consulted, but they may not have the same legal standing when decisions need to be made about care, treatment or where you should live.
This can be especially difficult if family members disagree, professionals are unsure of your wishes or urgent decisions need to be made.
A Health and Welfare LPA allows you to choose who should speak for you if you cannot speak for yourself.
A Health and Welfare LPA can cover both major decisions and the everyday matters that affect your dignity, comfort and quality of life.
Your attorneys may be involved in treatment options, care plans and discussions with healthcare professionals if you cannot make the decision yourself.
Attorneys may consider whether care should be provided at home, whether additional support is needed or whether residential care may be appropriate.
They should consider your safety, wellbeing, medical needs, support network and personal wishes, and must act in your best interests.
These decisions can be emotional, particularly where someone has lived independently for many years.
You can decide whether your attorneys should have authority to give or refuse consent to life-sustaining treatment if you lack capacity.
This is a very personal decision and should be completed clearly so it reflects your wishes.
Your attorneys must act in your best interests and should take account of your wishes, feelings, values and beliefs.
Talking to them in advance can make difficult decisions clearer if they ever need to act.
An Advance Decision, sometimes called an Advance Decision to Refuse Treatment, allows you to set out specific medical treatment you would want to refuse in certain future circumstances.
It records treatment decisions you have already made yourself, whereas an LPA appoints people to make decisions for you.
This may include refusing resuscitation, artificial ventilation or clinically assisted nutrition and hydration in defined circumstances.
The relationship between an Advance Decision and an LPA can be important, especially where life-sustaining treatment is involved.
An Advance Statement records your wishes, preferences, values and priorities for future care. It does not refuse treatment in a legally binding way.
It is sensible to take advice so your LPA, Advance Decision and Advance Statement are clear, consistent and do not create confusion.
Choosing attorneys for a Health and Welfare LPA is a very personal decision. They should be people you trust to make sensitive decisions about your care and wellbeing.
It is sensible to speak to anyone you are thinking of appointing before making the LPA so they understand what would be involved.
Attorneys appointed jointly must make decisions together.
You may want to consider who is likely to be available, who understands your wishes and whether the attorneys are likely to agree on important matters.
Attorneys appointed jointly and severally can make decisions together or separately.
This can be more practical, but it is important to choose people you trust to act responsibly.
Legal advice can help you decide which arrangement is most suitable for your circumstances.
A replacement attorney can step in if one of your original attorneys dies, loses capacity, no longer wants to act or becomes unable to act.
This can help make the LPA more secure for the future.
Without a replacement attorney, there is a risk that the LPA may become less useful if an original attorney can no longer act.
The wording matters, especially where you want to include preferences or instructions about care, treatment or life-sustaining treatment.
Unclear wording can create uncertainty for attorneys, family members, medical professionals or care providers.
A Lasting Power of Attorney must be signed and witnessed correctly. The signing order is important.
A solicitor can guide you through the process and reduce the risk of avoidable mistakes.
If you lose mental capacity without a Health and Welfare LPA, your family may still be consulted, but they may not have legal authority to make health and welfare decisions for you.
This can create uncertainty, particularly where there are disagreements or difficult decisions about care, medical treatment or where you should live.
Professionals may make decisions in your best interests, but your loved ones may not have the same role as appointed attorneys.
A Health and Welfare LPA can only be made while you still have mental capacity.
This means it is important to put one in place before it is urgently needed.
Making an LPA is not about giving up control. It is about making a clear plan while you are able to do so.
You decide who you trust, what authority they should have and what wishes they should understand.
This can give you reassurance that, if you cannot speak for yourself in the future, the people you have chosen can speak for you.
Our team can explain what a Health and Welfare LPA may cover, help you choose suitable attorneys and make sure the document works alongside any Advance Decision or Advance Statement.
Watkins Solicitors advises individuals and families across England and Wales, with offices in Bristol, Bath and Hereford.
We understand that conversations about care, medical treatment, capacity and future planning can feel personal and emotional. Our approach is warm, clear and practical.
We take the time to understand your circumstances, explain your options in plain English and help you put the right arrangements in place.
Whether you are making a Health and Welfare LPA for yourself, helping a parent plan ahead or wanting to understand how an LPA can work alongside an Advance Decision or Advance Statement, our team can help.
Watkins Solicitors is a multi-award-winning law firm with more than 50 staff across offices in Bristol, Bath and Hereford. Founded in 1998, the firm has built a strong reputation for clear, practical and client-focused advice.
Our team understands that Health and Welfare LPAs are about much more than forms. They are about dignity, reassurance and making sure people you trust can speak for you if you cannot speak for yourself.
We provide supportive advice tailored to your circumstances, helping you make informed decisions with confidence.
We will guide you through each stage and explain what is needed in clear, practical terms.
Contact us by phone or email. We will take some initial details and discuss the support you need.
We will discuss your family, attorneys, care wishes, health and welfare concerns and preferences.
We will explain what the LPA can cover, when it can be used and how attorneys can act.
Once we have your instructions, we will prepare the relevant documents and explain them clearly.
We will guide you through signing and help with registration through the Office of the Public Guardian.
We can advise if your attorneys’ circumstances or your wishes change in the future.
Select any question below to read the answer. More than one answer can remain open at the same time.
A Health and Welfare LPA is a legal document that allows you to appoint trusted people to make decisions about your care, medical treatment and personal welfare if you are unable to make those decisions yourself.
It can cover matters such as medical care, care arrangements, where you should live, moving into a care home, daily routine, personal welfare and life-sustaining treatment if you choose to give this authority.
A Health and Welfare LPA can only be used when you are unable to make the relevant decision yourself.
No. If you are able to make a health or welfare decision yourself, that decision remains yours.
Yes, if you are unable to make the relevant decision yourself and the LPA gives them authority to do so.
A Health and Welfare LPA can allow your attorney to make decisions about where you should live if you cannot make that decision yourself.
Only if you specifically choose to give your attorney that authority when making the LPA.
No. A Health and Welfare LPA deals with care, treatment and welfare decisions. A Property and Financial Affairs LPA deals with money, property and financial matters.
Many people choose to make both so trusted people can help with both personal welfare and financial decisions if needed.
Not always. Family members may be consulted, but this is not the same as having legal authority under a Health and Welfare LPA.
An Advance Decision allows you to refuse specific medical treatment in certain future circumstances. It is different from a Health and Welfare LPA.
An Advance Statement records your wishes, values and preferences for future care. It can help guide attorneys, family members and professionals.
Yes, but the relationship between the documents can be important, especially where life-sustaining treatment is involved. It is sensible to take advice so your wishes are recorded clearly.
You should choose someone you trust, who understands your wishes and values, can make calm decisions and will act in your best interests.
Yes. A Health and Welfare LPA must be registered with the Office of the Public Guardian before it can be used.
The cost will depend on your circumstances and the support required. We can discuss this with you at the outset so you understand the likely costs before proceeding.
If you would like advice about making a Health and Welfare Lasting Power of Attorney, helping a parent plan ahead or understanding how an LPA can work alongside an Advance Decision or Advance Statement, please contact our friendly team.
We advise clients across England and Wales, with offices in Bristol, Bath and Hereford.
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