Many people assume that if they became seriously unwell, their family would simply be able to step in and make decisions for them.
In many situations, family members may be listened to. But being listened to is not the same as having legal authority.
A Health and Welfare LPA allows you to choose the people you trust to make important decisions about your care, medical treatment and personal welfare if you are no longer able to make those decisions yourself.
What is a Health and Welfare LPA?
A Health and Welfare LPA is a legal document that lets you appoint one or more trusted people, known as attorneys, to make decisions about your health and welfare if you lose mental capacity.
This could include decisions about medical treatment, care arrangements, where you live, your daily routine, contact with other people, and life-sustaining treatment if you choose to give your attorneys that authority.
The important point is that a Health and Welfare LPA can only be used if you are unable to make the relevant decision yourself.
Your attorneys do not take over while you are still able to make your own decisions. The document is there as protection for the future.
Common misconceptions about Health and Welfare LPAs
These are some of the questions and assumptions people often have before putting a Health and Welfare LPA in place.
My family can just make decisions for me anyway
This is one of the most common misunderstandings.
Family members are often consulted, especially where they are closely involved in your care. But they do not automatically have legal authority to make health and welfare decisions for you.
Without a Health and Welfare LPA, professionals may still make decisions based on your best interests, but your family may not have the final say.
An LPA makes it clear who you have chosen to speak for you.
My next of kin has automatic legal authority
The phrase “next of kin” is widely used, but it is often misunderstood.
Being someone’s next of kin does not automatically give a person legal power to make decisions about medical treatment, care arrangements or where someone should live.
A Health and Welfare LPA is different. It formally appoints attorneys and gives them authority if you lose capacity.
This is only for elderly people
Health and Welfare LPAs are often associated with later life, dementia or care homes. Those are important reasons to have one, but they are not the only reasons.
Accidents, sudden illness, surgery complications, serious mental health episodes and unexpected medical events can happen at any age.
You do not need to be elderly to benefit from having trusted people legally appointed.
I only need one if I am already ill
An LPA must be made while you still have mental capacity.
That means the best time to put one in place is before it is needed. Waiting until there is a crisis can make things more difficult, and in some cases it may be too late.
A Health and Welfare LPA is not a sign that something bad is about to happen. It is sensible preparation.
Doctors will always do what my family says
Doctors and care professionals will usually want to understand what your family thinks, especially if they know you well. But professionals also have their own duties and must make decisions properly.
If you want specific people to have authority to make decisions on your behalf, you need to appoint them formally.
A Health and Welfare LPA helps avoid uncertainty about who should be involved and who has the power to decide.
What can a Health and Welfare LPA cover?
A Health and Welfare LPA can cover a wide range of personal decisions. These are often decisions about your care, treatment, living arrangements and day-to-day welfare.
Medical treatment
Decisions about treatment, care plans and healthcare support.
Care arrangements
Support at home, residential care, and day-to-day welfare.
Where you live
Decisions about suitable living arrangements if you cannot decide yourself.
Daily routine
Washing, dressing, eating, activities and personal welfare.
Contact with others
Who should be involved or consulted where appropriate.
Life-sustaining treatment
Only if you choose to give your attorneys this authority.
What can a Health and Welfare LPA cover?
A Health and Welfare LPA can cover a wide range of personal decisions. These are often decisions about your care, treatment, living arrangements and day-to-day welfare.
Medical treatment
Decisions about treatment, care plans and healthcare support.
Care arrangements
Support at home, residential care, and day-to-day welfare.
Where you live
Decisions about suitable living arrangements if you cannot decide yourself.
Daily routine
Washing, dressing, eating, activities and personal welfare.
Contact with others
Who should be involved or consulted where appropriate.
Life-sustaining treatment
Only if you choose to give your attorneys this authority.
The advantages of having a Health and Welfare LPA
A Health and Welfare LPA is not just a form. It is a way of giving legal authority, guidance and reassurance before difficult decisions arise.
It lets you choose who speaks for you
The biggest advantage is choice.
You decide who you would trust to make decisions for you. That might be a spouse, partner, adult child, close friend, sibling or another trusted person.
Without an LPA, the people involved may still care deeply about you, but there may be less clarity about who should take the lead.
It reduces uncertainty at a difficult time
Health and welfare decisions often arise when families are already under stress.
If someone is seriously unwell, confused, unconscious, or no longer able to communicate clearly, relatives may be trying to cope with fear, sadness and practical pressure all at once.
An LPA does not remove the difficulty of those moments, but it can reduce confusion.
It can help avoid family disagreement
Families do not always agree.
Even loving families can have different views about care, treatment, independence, safety, risk and quality of life.
A Health and Welfare LPA can reduce the risk of disagreement by making your choice of attorneys clear. You can also include guidance about how you would like decisions to be approached.
It allows your wishes to be considered
You may have strong views about your care.
For example, you may want your attorneys to prioritise dignity, comfort and independence. You may want to remain at home for as long as it is safe and suitable. You may want certain family members to be consulted where practical.
A Health and Welfare LPA gives you the opportunity to record preferences and instructions, so your attorneys have guidance if they ever need to act.
The advantages of having a Health and Welfare LPA
A Health and Welfare LPA is not just a form. It is a way of giving legal authority, guidance and reassurance before difficult decisions arise.
It lets you choose who speaks for you
The biggest advantage is choice.
You decide who you would trust to make decisions for you. That might be a spouse, partner, adult child, close friend, sibling or another trusted person.
Without an LPA, the people involved may still care deeply about you, but there may be less clarity about who should take the lead.
You decide who you would trust to make decisions for you. That might be a spouse, partner, adult child, close friend, sibling or another trusted person.
Without an LPA, the people involved may still care deeply about you, but there may be less clarity about who should take the lead.
It reduces uncertainty at a difficult time
Health and welfare decisions often arise when families are already under stress.
If someone is seriously unwell, confused, unconscious, or no longer able to communicate clearly, relatives may be trying to cope with fear, sadness and practical pressure all at once.
An LPA does not remove the difficulty of those moments, but it can reduce confusion.
If someone is seriously unwell, confused, unconscious, or no longer able to communicate clearly, relatives may be trying to cope with fear, sadness and practical pressure all at once.
An LPA does not remove the difficulty of those moments, but it can reduce confusion.
It can help avoid family disagreement
Families do not always agree.
Even loving families can have different views about care, treatment, independence, safety, risk and quality of life.
A Health and Welfare LPA can reduce the risk of disagreement by making your choice of attorneys clear. You can also include guidance about how you would like decisions to be approached.
Even loving families can have different views about care, treatment, independence, safety, risk and quality of life.
A Health and Welfare LPA can reduce the risk of disagreement by making your choice of attorneys clear. You can also include guidance about how you would like decisions to be approached.
It allows your wishes to be considered
You may have strong views about your care.
For example, you may want your attorneys to prioritise dignity, comfort and independence. You may want to remain at home for as long as it is safe and suitable. You may want certain family members to be consulted where practical.
A Health and Welfare LPA gives you the opportunity to record preferences and instructions, so your attorneys have guidance if they ever need to act.
For example, you may want your attorneys to prioritise dignity, comfort and independence. You may want to remain at home for as long as it is safe and suitable. You may want certain family members to be consulted where practical.
A Health and Welfare LPA gives you the opportunity to record preferences and instructions, so your attorneys have guidance if they ever need to act.