lpa health and welfare

March 2024 

Lasting Power of Attorney Health and Welfare in March 2024

In this guide, we discuss what a Lasting Power of Attorney Health and Welfare is and how to get one

Lasting Power of Attorney (LPA)  is being discussed more and more by families who want to ensure that the future is more certain for themselves or their elderly relative.

Without lasting powers of attorney in place, you could find that your personal wishes are unable to be provided for should you lose mental capacity in the future. This guide will help you figure out how to get a medical power of attorney and what factors you need to consider when applying for power of attorney.

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Unfortunately, this important provision for old age is often overlooked until it’s too late to put one in place.

Here you’ll find lasting power of attorney guidance that should help you to determine whether a Health LPA (medical power of attorney is also a term used for this) is right for you and a loved one. You’ll also learn how to put a Lasting Power of Attorney for Health and Welfare in place.

We have answered some of the most important questions you should be asking below.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a way to plan ahead for mental incapacity. It involves appointing someone you trust (usually a family member or friend) to act for you when you cannot make decisions by yourself. This LPA health and welfare guide will help give you the information you need to make an informed decision on powers of attorney. 

Filling out a lasting power of attorney health form is the best way to apply for an LPA.

What do attorneys do?

You can choose one or more trusted friends or relatives to act as your attorneys. They will be responsible for making sure that your wishes are carried out, and can make decisions on your behalf . You can also choose which decisions they will be responsible for.

When can a LPA health and welfare be used?

Unlike a property and financial affairs attorney, a lasting PoA health and welfare can only be used when you are mentally incapable of making your own decisions – so putting one in place now will not jeopardise your independence.

If you wait too long you may find that you are unable to set up a Lasting Power of Attorney – so it’s important to make provisions now for the future.

For more general details about Lasting Power of Attorney please head over to our comprehensive guide here. or watch our video.

What is a medical power of attorney

A medical power of attorney is a legal document that allows an individual to appoint another person (known as the “attorney”) to make decisions about their healthcare if they become incapacitated or unable to do so themselves.

This document covers anything related to medical treatments or procedures, such as consenting to or refusing surgery or other treatments.

A health and welfare power of attorney is a legally binding document that gives another person the authority to make decisions related to day-to-day care on behalf of someone who has been declared mentally incapable of making such decisions for themselves.

The appointed attorney has the authority to make decisions about living arrangements, healthcare and medical treatment, and access to financial resources.

Both documents are important tools that can provide peace of mind and ensure that an individual’s wishes are respected if they become unable to make decisions on their own behalf.

It is essential to understand the differences between a medical power of attorney and a health and welfare power of attorney in order to best protect someone’s rights when it comes to making legal and medical decisions.

What does a Lasting Power of Attorney for Health and Welfare involve?

There are two types of Lasting Power of Attorney. One is responsible for your assets and financial affairs – this is known as a Lasting Power of Attorney for Property and Financial Affairs. The other type is a Lasting Power of Attorney for Health and Welfare – this is a type of power attorney medical decisions can be made using on the donor’s behalf.

A Lasting Power of Attorney Medical enables a nominated family member or friend to make decisions on your behalf regarding your day-to-day care and wellbeing. These include:

  • Personal care and care provision (such as choosing a home care company or residential placement for you, arranging meals, enabling you to take part in social activities)
  • Medical treatment (your attorney may be asked to make decisions on your behalf regarding your medical care )
  • Palliative care (your attorney may be asked to make a decision regarding life-saving treatment or end of life care)

The responsibilities listed above will directly affect you. For this reason, it is very important that the person you choose as your LPA for Health and Welfare is somebody you know and trust.

What does LPA stand for in Mental Health and who can make an LPA?

LPA stands for, in care, lasting power of attorney. Any person over 18 with mental capacity can appoint an attorney to make decisions on their behalf if they lose capacity. You should make it known to your loved ones that you have made an LPA, and tell them what personal decisions your attorney will be able to make.

Who should I choose as my welfare LPA?

Who you choose as a welfare LPA is an important decision. Your attorney LPA will be making decisions on your behalf including about your medical treatment and care. Therefore they should be someone you have known for a while and trust, for example a family member or loved one. You might want to appoint the same person as your property and financial affairs attorney, as lots of the decisions attorneys make may overlap the categories. 

Can one LPA cover health and money?

Attorney power of health does not cover decisions about your property financial affairs – but it’s important to remember that your nominated person may need the legal right to access to your personal finances so that they can arrange your care easily for you.

This is why many people set up both types of Lasting Power of Attorney for health care and for property simultaneously, appointing the same person to look after each.

Here is a video on what a power of attorney is for health and welfare.

You can see the original video on the health and welfare power of attorney here.

Why should I get a Health and Welfare LPA?

It is our advice that everyone should make appropriate provisions for their future care as they approach old age, before they lose mental capacity. This ensures that your wishes are granted, and you are looked after in the way you would like.

An LPA for health and welfare can also save your family members the upset and frustration of not being able to get involved in your care and making decisions that benefit you when you don’t have mental capacity.

Arranging a health and welfare LPA is particularly important for any person who has been diagnosed with a degenerative illness, including Dementia, that will cause them to lose mental capacity and not be able to make decisions in the near future.

Although it’s a stressful time and these things are unpleasant to contemplate, putting a Lasting Power of Attorney for Health and Welfare in place now is the only way you can be sure you’ll be looked after in accordance with your personal wishes.

You can set up a Lasting Power of Attorney for Health Care at any time in life – not just as you approach old age.

Do I need a power of attorney?

Whether or not you need a power of attorney depends on your individual circumstances and preferences. When you want to name someone you can trust to handle your financial and legal concerns or make decisions on your behalf in case you become incapacitated, a power of attorney may be helpful. 

It gives comfort and guarantees the defence of your interests. To make a power of attorney, however, is a personal choice that may differ depending on your age, health, financial condition, and the level of support from family and friends, among other things. 

It is recommended to seek legal advice from experts who can evaluate your personal needs and advise you on whether acquiring a power of attorney would be advantageous in your specific situation.

Can an LPA consent to or refuse treatment for the donor?

As part of the power to make decisions, if stated in the legal document, an attorney can make medical decisions for someone without medical capacity. This is only if the person does not have a living will, or has been sectioned under Mental Health Act. To do this, the attorney must show the care staff the donor’s LPA, then sign consent forms before they can make decisions for the donor. 

Who can help me create the Lasting Power of Attorney?

We always advise using a specialist, like a solicitor, to produce an LPA.   They will ensure that your interests are always protected and you have peace of mind that everything is in order.

There are two options for you to consider.

Option 1 – Find an advisor in our directory of advisors

We have created a directory of advisors specialising in helping people create a Lasting Power of Attorney.  The directory has advisors listed from all over the country. 

Option 2 – Let us, the UK Care Guide, find an advisor for you

If you feel unsure about choosing an advisor, you can leave your details below, and we will find an advisor for you.    

Lasting Power of Attorney Health and Welfare Form

A Lasting Power of Attorney (LPA) for health and welfare in the UK is a legal document that enables you to name one or more people (known as “attorneys”) to make decisions on your behalf regarding your health and welfare, in the event that you are ever unable to do so yourself. 

This health and welfare power of attorney form addresses choices for everyday activities (such as eating and clothing), medical care, transferring into a care facility, and life-sustaining therapy. 

It is crucial to keep in mind that the LPA for health and welfare can only be utilised after it has been registered with the Office of the Public Guardian (OPG) and only in situations where the person who created it (the “donor”) lacks the mental capacity to make decisions for their own health and welfare. 

In order to complete the LPA health and welfare forms, you must choose your attorney(s), specify any special instructions or wishes, and have the certificate provider certify that you understand the LPA and are not being coerced into signing it.

What could happen if I don’t set up a Health and Welfare Lasting Power of Attorney?

A Health and Welfare Lasting Power of Attorney is designed to give you some control when you are unable to make decisions yourself.

Therefore failing to have a Health and Welfare Lasting Power of Attorney in place can have significant consequences for you and your family.

The absence of a Health and Welfare Lasting Power of Attorney means that your family members and loved ones will be unable to make decisions how you live or are cared for. Small examples of this include the clothes you wear, the food you eat, and the clubs you attend.

More significant examples of what a power of attorney LPA may include making decisions about the type of medicine treatment you undertake, the type of care you access and personal questions like where you live.

Social care provision is one of the main reasons people set up a Health and Welfare Lasting Power of Attorney. They trust their family members or friends to make decisions about the best home or provider for them – and don’t want that decision to be made by strangers or social services staff.

What happens if I have left it too late to get a Power of Attorney?

If you need to get the power of attorney LPA but you have left it too late, the only option you have is to approach the Court of Protection.  This process allows a court to give you responsibility for someone’s decision making.  You can read more about the Court of Protection here.

Here is a short video that explains what the court of protection is.

Can I get an LPA for just one decision?

You may find it necessary to apply to the court of protection for medical decisions where either the donor’s loved ones disagree with what medical professionals say about treatment decisions, or where the LPA and the living will say different things. 

Can a donor change their mind about an LPA?

The donor can change their mind and take away the attorney’s authority to make decisions on their behalf whenever they please, as long as they still have capacity.

If you have registered the document already, you have said to the OPC that you have changed the LPA. If it is not registered, the donor should destroy the document and make it known to anyone the LPA was relevant to that they have gotten rid of the LPA.

You can also appoint a new attorney, or change the amount or authority an attorney has whenever you please. 

Can you get lasting power of attorney for someone with dementia?

Yes, it is possible to obtain a lasting power of attorney (LPA) for someone with dementia, provided that the person still has the mental capacity to understand and make decisions when creating the LPA.

The LPA allows an individual to appoint an attorney-in-fact to make decisions on their behalf, including medical decisions, when they are no longer able to do so themselves.

It is important to gather information on power of attorney, consult with legal professionals experienced in this area, and follow the specific procedures and requirements set by your jurisdiction to ensure the LPA is valid and legally binding.

Having a power of attorney in place for someone with dementia can help ensure that their wishes and best interests are considered and decisions are made by a trusted individual they have chosen.

Can a general power of attorney make medical decisions?

In the UK, a general power of attorney does not grant the authority to make medical decisions on behalf of someone else. A general power of attorney primarily focuses on financial and legal matters, empowering the appointed attorney to handle financial transactions, property management, and other related affairs.

To make medical decisions on behalf of another person, including healthcare and treatment choices, a specific medical power of attorney or a lasting power of attorney for health and welfare is required.

These documents are designed specifically for healthcare-related decisions, ensuring that the appointed attorney has the legal authority to choose medical treatments, care, and other healthcare matters based on the individual’s wishes and best interests.

It is important to use the appropriate medical power of attorney forms and follow the relevant legal procedures to ensure the validity and effectiveness of the document in making medical decisions.

Can social services override power of attorney?

Social services do not have the authority to override a valid enduring power of attorney (EPA) or any other power of attorney. An EPA grants the appointed attorney the legal authority to make decisions on behalf of the individual, particularly in financial and property matters.

While social services may play a role in providing support and assistance for vulnerable individuals, they cannot supersede or disregard the decisions made by the attorney under the power of attorney.

It is essential to understand the legal requirements and procedures to obtain a power of attorney, ensuring that it is properly executed and registered.

Seeking legal advice and guidance when creating a power of attorney can help navigate the process and ensure that the individual’s interests and preferences are protected while also understanding the role and limitations of social services in relation to power of attorney matters.

Can I give power of attorney to a friend?

It is a misconception that an individual who has capacity can only grant lasting power of attorney to someone who is a blood relative. In fact, an LPA allows the person creating it (the donor) to appoint someone they trust, such as a close friend, to act as their attorney-in-fact.

The appointed friend can then make decisions and manage the donor’s affairs on their behalf, whether it’s related to financial matters or health and welfare decisions.

While blood relatives are commonly chosen as attorneys, the law does not restrict the donor from selecting a friend as their attorney, as long as they have the capacity to make such decisions.

Do I need help with completing a Health and Welfare LPA?

Health and welfare powers of attorney can be obtained and filled out independently, without solicitors.

However, it’s advisable to enlist professional help from a solicitor when completing the LPA health and welfare form.

This is because an LPA is a legal document, so filling out these forms incorrectly could mean your application does not stand and cannot be used at a later date when it is too late to make other arrangements.

If unsure, you can obtain the Lasting Power of Attorney for health and welfare form and take a look before seeking advice on whether specific elements are needed.

How to active power of attorney for health and welfare 

How do I activate power of attorney for health and welfare?

Activating a power of attorney for health and welfare involves following certain steps to ensure it is properly implemented.

A lasting power of attorney guide can provide detailed instructions on how to get power of attorney.

First, it is crucial to select a trusted individual to act as the medical attorney or attorney-in-fact for health and welfare decisions.

Next, obtain the necessary health power of attorney form specific to your jurisdiction. This form typically requires the completion of relevant information, including the details of the appointed attorney, the powers granted, and any specific instructions or preferences regarding medical treatments or end-of-life care.

Once the form is completed, it needs to be properly executed in accordance with local legal requirements.

This may involve signing the form in the presence of witnesses or having it notarised, depending on the jurisdiction.

Finally, distribute copies of the activated power of attorney for health and welfare to relevant parties, such as healthcare providers, family members, and the appointed attorney, ensuring that everyone involved understands its activation and the role of the designated attorney.

It is advisable to consult with legal professionals who specialize in this area to obtain power of attorney, specifically for health and welfare decisions. They can provide guidance on the specific requirements and procedures in your jurisdiction.

They will assist in completing the appropriate health power of attorney form and ensure that it aligns with local laws and regulations.

Seeking legal advice ensures that the power of attorney for health and welfare is properly activated, granting the designated attorney the authority to make healthcare decisions on behalf of the individual.

Legal professionals can also provide valuable insights into any specific considerations or additional documents that may be necessary based on individual circumstances, ensuring that the power of attorney is established in a comprehensive and legally sound manner.

 

How do I make an LPA?

Just like the property and financial affairs LPA, you need to make an attorney of power while you still have mental capacity. You must register the LPA with the office of the Public Guardian (OPG). You can register the arrangement yourself or get an attorney to do it on your behalf. 

You can either use the online service to register the LPA, or fill out sections 12-15 on the paper forms you used to make your LPA, and send it to the office of the public guardian. The donor must also send the registration fees with the forms. 

How long does it take for power of attorney to be registered?

Normally, you can expect it to take 8-10 weeks for the Office of the Public Guardian to register the donor’s power of attorney arrangement. However, the process will take longer if there are mistakes in your application.

How to use lasting power of attorney

Using a lasting power of attorney  involves several key steps to ensure proper utilisation.

If you have a health power of attorney (health POA) in place, activating it requires notifying relevant parties, such as healthcare providers and hospitals, about the existence of the LPA and providing them with a copy.

This ensures that the appointed attorney-in-fact for health care decisions is recognized and involved in necessary decision-making processes.

Additionally, it is important to keep the LPA document readily accessible and provide the attorney-in-fact with a copy, so they can readily exercise their authority when required.

Consulting legal professionals specialising in LPAs can guide the process and ensure compliance with applicable laws and regulations.

It’s worth noting that there may be costs associated with creating and registering a lasting power of attorney. These costs can vary depending on factors such as jurisdiction and whether you engage the services of legal professionals to assist in the process.

Expenses may include registration, legal consultation, and potential ongoing supervision fees. It is advisable to inquire about the cost of lasting power of attorney and consider the potential benefits and peace of mind it provides in granting decision-making authority for health and other matters.

Completing a power of attorney for health care form, in accordance with the requirements of your jurisdiction, is an essential part of activating and using a lasting power of attorney effectively.

health power of attorney

How much does it cost to register an LPA?

It costs £82 to register an LPA, so to do health and property and financial affairs will cost £165. If you get support from solicitors or another professional, this could cost around £500. This will be reduced, for example, if you are on benefits or have a low income. 

When should I get my LPA Registered with the Office for the Public Guardian?

You should get your LPA document registered as soon as possible after you have filled out the forms. If you lose mental capacity and it is not registered yet, there will be a delay, and so the person you selected will not be able to act on your behalf until it is registered.

This is a problem if some decisions need to be made quickly, such as whether or not to consent to treatment. Also, if there are mistakes in the form, you can correct them when you still have the capacity as many times as you please, but if you lose capacity and the LPA is not registered with the office for the public guardian, then you cannot correct the document, and your LPA will not be valid. 

I Have Power Of Attorney Now What?

Once you’ve been given power of attorney, you’ve been given the duty of looking after the donor’s financial affairs, as well as their health and welfare. Given that there are various forms of Powers of Attorney, each with its own set of rights and restrictions, it is crucial to understand the scope of your authority. 

Keep thorough records of all choices made and actions taken on the donor’s behalf. You must always put the interests of the donor first, take into account all of their past and present directives, and make sure their assets are kept apart from your own. 

It’s crucial to frequently assess the donor’s financial condition and needs and to keep in touch with them as well as any other pertinent parties as needed.  

Where can I find further Power of Attorney guidance?

More Lasting Power of Attorney for Health and Welfare guidance can be obtained from your local Citizen’s Advice Bureau or Age UK.

Some solicitors also offer free drop-ins. These can be especially useful as you can ask legal questions and obtain professional advice without paying any fees.

If you’d like further Lasting Power of Attorney for Health and Welfare guidance, you can read plenty more information here on the UK Care Guide website.

Meet the author

Rob Atherton

Rob Atherton

Rob writes and edits the content produced by the rest of the team. He has a degree in History from Leeds University and has producing, reviewing and editing the site since 2016

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Frequently Asked Questions

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a way to plan ahead for mental incapacity. It involves appointing someone you trust (usually a family member or friend) to act for you when you cannot make decisions by yourself. This LPA for health and welfare guide will help give you the information you need to make an informed decision on powers of attorney.

When can a LPA health and welfare be used?

Unlike a property and financial affairs attorney, an LPA health and welfare can only be used when you are mentally incapable of making your own decisions – so putting one in place now will not jeopardise your independence.

If you wait too long you may find that you are unable to set up a Lasting Power of Attorney – so it’s important to make provisions now for the future.

What is a medical power of attorney

A medical power of attorney is a legal document that allows an individual to appoint another person (known as the “attorney”) to make decisions about their healthcare if they become incapacitated or unable to do so themselves.

This document covers anything related to medical treatments or procedures, such as consenting to or refusing surgery or other treatments.

A health and welfare power of attorney is a legally binding document that gives another person the authority to make decisions related to day-to-day care on behalf of someone who has been declared mentally incapable of making such decisions for themselves.

The appointed attorney has the authority to make decisions about living arrangements, healthcare and medical treatment, and access to financial resources.

What does a Lasting Power of Attorney for Health and Welfare involve?

There are two types of Lasting Power of Attorney. One is responsible for your assets and financial affairs – this is known as a Lasting Power of Attorney for Property and Financial Affairs. The other type is a Lasting Power of Attorney for Health and Welfare.

An LPA health and welfare enables a nominated family member or friend to make decisions on your behalf regarding your day-to-day care and wellbeing. These include:

  • Personal care and care provision (such as choosing a home care company or residential placement for you, arranging meals, enabling you to take part in social activities)
  • Medical treatment (your attorney may be asked to make decisions on your behalf regarding your medical care )
  • Palliative care (your attorney may be asked to make a decision regarding life-saving treatment or end of life care)

The responsibilities listed above will directly affect you. For this reason, it is very important that the person you choose as your LPA for Health and Welfare is somebody you know and trust.

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Read about Equity Release and how it works

Read about Estate Planning and how to avoid paying inheritance tax

Read more about the Court of Protection here