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A Health and Welfare Lasting Power of Attorney (H&W LPA) is a legal document that allows you to appoint someone you trust—your Attorney—to make decisions about your personal care if you lose the mental capacity to make them yourself. This includes decisions about medical treatment, day-to-day care, and where you live.
H&W LPAs were introduced under the Mental Capacity Act 2005 and came into effect in 2007. They are designed to give you control over your health and welfare, even if you cannot make decisions later in life due to illness, injury, or cognitive conditions such as dementia.
Your Attorneys can make decisions about:
Medical treatments and interventions recommended by your doctors
Daily care, including routines, diet, and personal hygiene
Whether you should live at home, in supported housing, or in a care home
Decisions about life-sustaining treatment, if your LPA specifically allows it
It is important to note that your Attorneys cannot make decisions while you still have mental capacity. The H&W LPA only comes into effect when you are unable to make decisions yourself. Attorneys are legally required to act in your best interests, follow your previously expressed wishes, and consult with family or professionals when needed.
Without an H&W LPA, family members may need to apply to the Court of Protection for a Deputyship Order, which can be a lengthy, expensive, and stressful process. Planning ahead ensures that your care decisions are in the hands of people you trust, aligned with your values, and legally recognised.
An H&W LPA is therefore a vital part of planning for the future, giving both you and your loved ones peace of mind.
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