Lasting Power of Attorney Health & Welfare
Helping you choose who can make healthcare and welfare decisions if you cannot.
Making sure your voice is listened to.
If you lose the ability to make decisions about your own care, important choices about medical treatment, living arrangements and daily care will still need to be made.
Without a health and welfare lasting power of attorney (LPA), even close family members may not have the legal authority to make those decisions for you. Doctors and care providers may need to follow formal “best interests” procedures or involve the Court of Protection, creating uncertainty at an already difficult time.
A health and welfare LPA allows you to appoint someone you trust to make these personal decisions if you lose mental capacity. It ensures that the people who understand your wishes and values are the ones legally able to speak on your behalf.
At Thomas Mansfield Solicitors, we help you put these arrangements in place – including straightforward fixed fee LPAs – ensuring your wishes are recorded accurately and your chosen attorneys can act without unnecessary complications.
What decisions can a health and welfare LPA cover?
A health and welfare LPA can give your chosen attorneys authority to make decisions about:
- Medical treatment.
- Care home or home care arrangements.
- Daily routine and personal care.
- Where you live.
- Life-sustaining treatment (if you choose to grant that power).
This type of LPA can only be used if you lose mental capacity. While you are able to make your own decisions, you remain fully in control.
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Why a lasting power of attorney health & welfare matters.
Families often assume they can step in automatically. In practice, healthcare professionals must follow strict legal rules.
Without a lasting power of attorney health & welfare arrangement in place, healthcare professionals may need to rely on best interest processes or, in some cases, the Court of Protection. This can create uncertainty at a time when clarity is needed most.
A health and welfare LPA removes doubt. It allows you to decide:
- Who should speak for you.
- How decisions should be made.
- Whether attorneys must act together.
- What guidance you would like them to follow.
It is about preserving dignity and choice.
Life-sustaining treatment decisions
A health and welfare LPA can include authority for attorneys to make decisions about life-sustaining treatment.
This is an important and personal choice. Some clients wish to grant this authority; others prefer to retain control or make separate advance decisions.
We guide you carefully through this decision to ensure your intentions are clear.
Your attorney should be someone you trust implicitly
They will be responsible for making sensitive decisions in difficult circumstances. For some people, this is straightforward. For others, careful thought is needed – particularly where family relationships are complex.
We help clients consider:
- Whether to appoint one or more attorneys.
- Whether replacement attorneys are appropriate.
- Whether restrictions or preferences should be included.
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Why specialist advice matters.
Health and welfare LPAs must meet strict legal requirements. Errors can lead to rejection or uncertainty about the scope of authority at the very moment the document is needed.
At Thomas Mansfield Solicitors, our private client team provides careful, structured advice to ensure:
- Your personal wishes are reflected clearly and without ambiguity.
- Attorneys are appointed appropriately and practically.
- Life-sustaining treatment decisions are considered thoughtfully.
- The document complies fully with legal requirements.
- Registration is completed accurately and without unnecessary delay.
Our focus is not simply on completing forms, but on ensuring your arrangements are legally sound and workable in practice.
Meet our team
Protect your future healthcare decisions today.
Putting the right arrangements in place does not need to be complicated. Our private client team will guide you through the process and ensure your health and welfare LPA is prepared properly.
Simple steps to put your lasting power of attorney health & welfare in place
Frequently asked questions
Can a health and welfare LPA cover my business and financial affairs
No - for these we advise other LPAs, which you can read about on our property and financial LPA and business LPA pages
Can I include specific medical wishes?
Yes. You can include preferences and guidance within the document, such as views on treatment, care or living arrangements. While preferences are not legally binding in the same way as instructions, they provide important context for attorneys and medical professionals.
Can more than one attorney be appointed?
Yes. You can appoint more than one attorney and decide how they should act - jointly (together), jointly and severally (together or independently) or a combination of both for different decisions. The structure you choose can affect how smoothly decisions are made in practice. For example, requiring all attorneys to act jointly may create delays if one is unavailable. Careful drafting ensures your lasting power of attorney health & welfare arrangement works effectively if it is ever needed.
Can my spouse automatically make medical decisions for me?
Not automatically. Healthcare professionals must follow legal rules about mental capacity and best interests. Even close family members do not have automatic authority. A health & welfare LPA gives your chosen attorney clear legal authority to act if you lose capacity, removing uncertainty at a difficult time.
Do I have to give my attorney authority over life-sustaining treatment?
No. You can choose whether or not to grant that authority. This is an important personal decision and should be considered carefully. If you do grant the power, your attorney can make decisions about life-sustaining treatment if you lose capacity.
What happens if I lose capacity without this type of LPA?
If no health and welfare LPA is in place, decisions may need to be made through best interest processes or, in some cases, by applying to the Court of Protection. This can cause delay and uncertainty. Planning in advance avoids placing additional stress on your family.
When can a health and welfare LPA be used?
A health and welfare LPA can only be used if you lack mental capacity to make the specific decision in question. While you are able to decide for yourself, your attorneys have no authority. A properly drafted lasting power of attorney health & welfare application ensures there is clarity if capacity is ever lost.
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Please note we cannot offer legal aid.