Lasting Power of Attorney in England and Wales

Why a Health and Welfare LPA may be helpful

A Health and Welfare LPA can give you peace of mind because you know that someone you trust will act on your behalf if you become seriously unwell.

For example, a person may decide to give Lasting Power of Attorney for their health and welfare to their adult son and/or daughter. By discussing their thoughts about any future healthcare decisions with their children, they can be sure that their care instructions will be followed if they’re unable to make their own decisions.

If you do appoint someone to be your attorney, choose someone who is like-minded and has a good idea of your preferences. They are more likely to make the decisions you would want.;

Making an LPA

You can only create an LPA if you are aged 18 or over and have capacity (are able to understand what it is and what it means for you). You can get forms for each of the LPAs from the Office of the Public Guardian|.

LPAs must be registered with the Office of Public Guardian before they can be used. This can be done by you if you’re the person making the LPA (also known as the donor) while you’re still capable. Or your attorney can apply to register the LPA at any time before they need to use it. There is a fee to register an LPA. You can phone the Office of Public Guardian to find out the exact fees involved. If you’re on certain benefits you may not have to pay the fee or you may only have to pay part of the fee. The Office of Public Guardian will be able to advise you on this.

You may find it helpful to talk to a solicitor before making an LPA.


LPAs and Advance Decisions to Refuse Treatment

Before making a Health and Welfare LPA you’ll need to bear in mind that if you make an Advance Decision to Refuse Treatment| after creating a Health and Welfare LPA, this will overrule the LPA. This means that your attorney can’t make a decision about any treatment that you’ve decided to refuse in your Advance Decision.