Health and Welfare Lasting Power of Attorney

A Health and Welfare LPA gives a person you trust the legal authority to make decisions about your care and medical treatment if you lose the capacity to do so. Our specialist SRA-regulated solicitors are here to make the entire process clear, simple, and legally robust, ensuring your wishes are always respected.

A solicitor providing compassionate advice about health and welfare LPAs

What is a Health and Welfare LPA?

A Health and Welfare Lasting Power of Attorney (LPA) is a powerful legal document that allows you to appoint someone you trust (your 'Attorney') to make decisions about your personal care and medical treatment, but only if you lose the mental capacity to make those decisions for yourself.

Without one, decisions could be made by doctors or social workers who may not fully know your wishes. Our solicitors can help you create a legally robust LPA to ensure your voice is always heard.

The Key Decisions Your Attorney Can Make

Click on each category below to learn more about the important decisions you can empower your Attorney to make on your behalf.

Your Daily Care and Where You Live

This gives your Attorney the authority to make decisions about your daily routines (such as diet and social activities) and, crucially, to decide where you should live. This could mean choosing a care home that meets your needs or arranging for a package of care to support you in your own home.

Giving or Refusing Consent to Medical Care

Your Attorney can be empowered to speak with doctors and healthcare professionals on your behalf. They can give or refuse consent for a wide range of medical treatments, from routine procedures to more serious operations, always based on what they believe to be in your best interests.

Decisions About Life-Sustaining Treatment

This is a specific and powerful authority that you must explicitly choose to give to your Attorneys. It allows them to give or refuse consent to treatment that is needed to keep you alive. Discussing this sensitive issue with a solicitor ensures your wishes are clearly and legally recorded.

A Health & Welfare LPA gives you control over your future. Let our solicitors ensure your wishes are protected.

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Real UK Case Study: The Power of a Health & Welfare LPA

Re ACC & Others [2020]

The Situation: Several cases were brought before the Court of Protection concerning individuals who had lost capacity but had appointed Attorneys under a Health & Welfare LPA.

The Issue: The court had to decide if care arrangements that restricted the individuals' liberty (e.g., in a care home) could be authorised by their Attorneys, or if the court had to make the decision each time.

The Outcome: The judge ruled that where a valid Health & Welfare LPA is in place, the Attorneys appointed by the individual have the power to consent to these arrangements on their behalf. This keeps the decision-making power with the family, as intended.

What this means for you: This case confirms that a properly drafted LPA is an incredibly powerful document that empowers your trusted Attorneys and keeps personal care decisions out of the courtroom.

Get This Protection For Your Family

"They Handled Our Case with Compassion and Professionalism"

"I had a brilliant experience from start to finish. I was listened to, my case was handled with professionalism and care. The whole process was smooth and stress free. I was kept updated through the whole process. I would highly recommend Wildlings Solicitors."

- Google Review

"Very friendly and professional service. They made the process of making a Health & Welfare LPA straightforward and stress-free. I was kept informed at every stage and felt I was in very safe hands."

- Google Review

"Excellent communication and a very professional service. They explained everything clearly, especially the importance of the life-sustaining treatment options. I wouldn't hesitate to recommend them."

- ReviewSolicitors Client

Your Questions About Health & Welfare LPAs

When can my Attorney start making health decisions?

A Health and Welfare LPA can only be used once you have lost the mental capacity to make the specific decision for yourself. Your Attorney cannot use it while you are still able to make your own choices. This is a key difference from a financial LPA, which can be used with your permission while you still have capacity.

What's the difference between this and a Living Will / Advance Decision?

An Advance Decision (or 'Living Will') is a document where you refuse specific medical treatments in advance. A Health & Welfare LPA is much broader. It appoints a person you trust to make a wide range of care and medical decisions on your behalf, based on what they believe you would have wanted at the time.

Why do I need a solicitor for a Health & Welfare LPA?

The decisions covered by a Health & Welfare LPA are deeply personal and can be legally complex, especially regarding life-sustaining treatment. A solicitor ensures the document is drafted with precise, unambiguous language to correctly reflect your wishes. This prevents disputes and ensures your Attorneys have the clear authority to act when it matters most.

Ensure Your Voice is Heard

A Health and Welfare LPA provides clarity for your family and medical professionals during a difficult time. Let our expert solicitors ensure your wishes are legally protected.

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