Let’s talk legal...LPAs for Health and Welfare Decisions

By Evolve Family Law

Planning for the future isn’t always easy, but it is one of the most important steps you can take to protect yourself and your loved ones.

A Health and Welfare Lasting Power of Attorney is a legal document that ensures that, if you lose the ability to make decisions for yourself, someone you trust can step in and act in your best interests.

What is a Health and Welfare LPA?

A Health and Welfare LPA allows you to appoint one or more trusted individuals to make decisions about your personal health and wellbeing if you become unable to do so. The chosen individuals are called your attorneys.

Unlike a Property and Financial Affairs LPA, which can be used as soon as it is registered, a Health and Welfare LPA only comes into effect if you lose mental capacity and are unable to make your own health or welfare decisions. This distinction is crucial because it means the document can only serve as a safety net if you are medically assessed as being unable to make decisions for yourself.

What decisions can your attorneys make?

A Health and Welfare LPA can cover a wide range of personal decisions, such as:

• Medical care and treatment

• Where you live, including decisions about care at home or moving into supported living or a care home

• Decisions about life-sustaining treatment, if you choose to give your attorneys that authority

In the LPA, you can specify whether your attorneys have the power to consent to or refuse life-sustaining treatment on your behalf. It’s important to choose attorneys who understand your personal preferences and will act on them in guiding all health and welfare decisions.

Why is a Health and Welfare LPA important?

An LPA clarifies who you want to make decisions for you. That person may be your legal next of kin, such as your spouse or parent, but it could be your unmarried partner, a longstanding friend or your spouse acting in concert with a sibling.

It’s important to make an LPA because you can only do so while you have capacity. A relative cannot ask a solicitor to draw one up after a diagnosis if you are assessed to have lost capacity. Instead, your relatives will need to apply to the Court of Protection to give them the authority to make decisions on your behalf. This process can be lengthy, costly, and emotionally draining.

Choosing your attorneys

Selecting the right attorneys is essential. They should be people you trust completely, who understand what is important to you and are willing to take on the responsibility of being an attorney. Many people choose close family members, but friends or professionals can also act.

Evolve Family Law will help you:

• Understand the scope of the Health and Welfare Lasting Power of Attorney and/or a Financial LPA

• Ensure the LPA reflects your wishes

• Avoid errors that could delay registration

If you would like advice on a Lasting Power of Attorney, our team is here to help you take the next step with confidence.

All information correct as of August 2026