What can you include in a health and welfare LPA?

A Lasting Power of Attorney (LPA) in respect of health and welfare matters will give your chosen attorney the right to make certain decisions on your behalf, should you ever become unable to make them yourself.

There are two types of LPA, one for health and welfare and one for property and financial affairs. The health and welfare LPA can only be used if the person who signed the document, known as the donor, no longer has the mental capacity to manage their own affairs.

Making a health and welfare LPA

When you make a health and welfare LPA, you will need to start by choosing one or more attorneys to represent you. If you have more than one, you should use people who get on well and who you believe will be able to work together to make decisions for you.

You can give each of them the authority to make decisions on their own or require them to make joint decisions. You can appoint as many attorneys as you want, but it can complicate matters to have more than two. You can name replacement attorneys who can take on the role if your original attorneys become unable to continue.

Guidance can be given to your attorneys so that they understand your wishes, feelings and values and what decisions you would like them to make on your behalf.

What can you put in a health and welfare LPA? 

The usual decisions that an attorney makes under a health and welfare LPA include: 

  • Where the donor will live, including selecting a care home if this is necessary 
  • What help the donor needs 
  • Who the donor will see and what their daily life will look like 
  • Whether healthcare treatment will be accepted or declined on the donor’s behalf 
  • Whether medical treatment will be stopped 

You can tailor the LPA to give your attorney the authority you want them to have. For example, you may be prepared for them to make decisions about life-sustaining treatment such as artificial ventilation and CPR. If you do not give them this authority, then a doctor will decide what to do, should a decision be necessary. 

What can a health and welfare attorney not agree to? 

Some decisions cannot be made by an attorney. These include: 

  • Overriding an advance decision made by the donor in respect of life-sustaining treatment 
  • Declining medication prescribed by a clinician if the donor has been sectioned or is on leave from hospital 
  • Overriding a guardianship order to make decisions about where the donor will live 
  • Declining basic nursing care or food and drink 

How your attorney must act when representing you 

Your attorney is bound by the Mental Capacity Act 2005 to act in your best interests at all times. They must abide by the following five principles contained in the Act: 

  • Assume that you are able to make your own decisions unless they have evidence that you cannot 
  • Assist you in making a decision yourself wherever possible; this includes: 
  • Ensuring you have all relevant information and explaining this where necessary 
  • Communicating effectively, including exploring different ways of communicating 
  • Asking someone else to help communicate the information 
  • Allow you to make an unwise decision if this is what they want to do 
  • Ensure any decision made on your behalf is in your best interests 
  • Make decisions that are the least restrictive of your basic rights and freedoms 

Contact Us:

If you would like to speak to one of our expert estate planners, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com