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What a Health and Welfare LPA lets an attorney do
A Health and Welfare Lasting Power of Attorney (LPA) allows an attorney to make decisions about a person’s care and day-to-day wellbeing. It only takes effect when the donor has lost the mental capacity to make those decisions themselves, unless a specific decision can be made earlier in limited circumstances.
The attorney’s role is to act in the donor’s best interests and follow any instructions or preferences set out in the LPA. They must also consider the donor’s past and present wishes, values, and beliefs when deciding what to do.
Typical decisions an attorney can make
An attorney can usually decide where the donor should live, such as whether they remain at home, move into residential care, or receive care elsewhere. They may also decide about day-to-day matters linked to personal welfare, including routines, care arrangements, and support services.
They can often give or refuse consent to medical treatment on the donor’s behalf, provided the donor has lost capacity to make that decision. This may include speaking with doctors, weighing up treatment options, and making choices about care plans.
If the LPA gives that power, an attorney may also decide whether the donor should receive life-sustaining treatment. This is a serious power and should only be exercised in line with the donor’s wishes and the legal limits of the document.
Limits on an attorney’s powers
A Health and Welfare attorney does not have unlimited authority. They cannot make decisions as soon as the LPA is signed; in most cases, they step in only when the donor lacks capacity for the specific decision being made.
They also cannot make financial decisions under a Health and Welfare LPA, because those require a separate Property and Financial Affairs LPA. In addition, they cannot act outside the powers granted in the document or ignore any binding restrictions.
In some situations, the Court of Protection may need to be involved, especially where there is disagreement or the decision is particularly serious. An attorney must never make choices based on convenience or personal preference alone.
Responsibilities of the attorney
An attorney must support the donor as much as possible and help them take part in decisions if they can. Even where the donor lacks capacity for one decision, they may still be able to express views that should be taken seriously.
They must keep records, communicate with professionals, and act carefully and honestly. Above all, they should make decisions that are least restrictive and most in line with the donor’s welfare.
If an attorney acts improperly, their authority can be challenged. For that reason, anyone appointed should understand the document fully and seek legal guidance if the situation becomes difficult.
Frequently Asked Questions
Health and Welfare LPA attorney powers are the legal powers given to an attorney under a Health and Welfare Lasting Power of Attorney to make decisions about the donor's personal welfare, including medical treatment, daily care, living arrangements, and life-sustaining treatment if that authority is expressly included.
Health and Welfare LPA attorney powers in a Health and Welfare LPA can only be used once the donor lacks mental capacity to make the relevant decision at the time it needs to be made, unless the document specifically allows limited use in other circumstances permitted by law.
No, Health and Welfare LPA attorney powers in a Health and Welfare LPA are generally only exercisable when the donor cannot make the decision for themselves, because the donor's own capacity and wishes take priority whenever they are able to decide.
Health and Welfare LPA attorney powers in a Health and Welfare LPA can include decisions about where the donor lives, day-to-day care, medical treatment, care providers, social activities, and, if authorised, life-sustaining treatment decisions.
Yes, but only if the donor has specifically given the attorney authority to make life-sustaining treatment decisions in the Health and Welfare LPA. Without that express authority, the attorney cannot decide on life-sustaining treatment.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA may allow an attorney to consent to or refuse treatment for the donor if the donor lacks capacity, but the attorney must act within the scope of the document, the law, and the donor's best interests.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA can cover decisions about the donor's living arrangements, such as whether they should stay at home, move to supported accommodation, or enter a care home, provided the donor lacks capacity for that decision.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA can include choosing care arrangements, such as care providers or care homes, but the attorney must always act in the donor's best interests and consider the donor's wishes and care needs.
Health and Welfare LPA attorney powers in a Health and Welfare LPA are limited by the wording of the LPA, the Mental Capacity Act, any preferences or instructions in the document, and the duty to act in the donor's best interests.
No, Health and Welfare LPA attorney powers in a Health and Welfare LPA must be exercised in a way that respects the donor's wishes, feelings, beliefs, and values as far as possible, and the attorney should not ignore the donor's known preferences without a lawful and justified reason.
Health and Welfare LPA attorney powers in a Health and Welfare LPA do not automatically override medical professionals, but an attorney with valid authority can make the final decision where the donor lacks capacity, subject to the law, the donor's best interests, and any specific legal restrictions.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA can cover day-to-day welfare matters such as washing, dressing, eating support, routines, and similar personal care decisions when the donor lacks capacity to decide.
Yes, a Health and Welfare LPA can appoint more than one attorney, and the document will say whether Health and Welfare LPA attorney powers must be exercised jointly, jointly and severally, or in a combination of both for different decisions.
If Health and Welfare LPA attorney powers in a Health and Welfare LPA are joint only, the arrangement may fail if one attorney cannot act, unless the LPA provides an alternative. If they are joint and several, the remaining attorney or attorneys may usually continue to act.
No, Health and Welfare LPA attorney powers in a Health and Welfare LPA cannot usually be delegated to other people, although attorneys may seek advice from carers, family, and professionals while keeping responsibility for the decision themselves.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA can be challenged if there are concerns about abuse, lack of capacity, acting outside authority, or failure to act in the donor's best interests, and disputes may need to be resolved through legal or safeguarding processes.
Yes, Health and Welfare LPA attorney powers in a Health and Welfare LPA may include decisions affecting the donor's social interactions and contact arrangements, but only insofar as they relate to welfare decisions and are made in the donor's best interests.
An attorney should know the exact wording of the Health and Welfare LPA attorney powers, when the powers can be used, what decisions are excluded, how to assess capacity, and the duty to act carefully, lawfully, and in the donor's best interests.
No, Health and Welfare LPA attorney powers in a Health and Welfare LPA do not include financial decisions. Financial matters require a separate Property and Financial Affairs LPA or another lawful authority.
Health and Welfare LPA attorney powers in a Health and Welfare LPA only operate when the donor lacks capacity for the specific decision, so they do not replace the donor's own rights while the donor can decide. The donor remains central, and the attorney acts only when legally needed.
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