If the Financial LPA we discussed in our last Wealth post is about protecting your assets, the Health and Welfare LPA is about protecting you

This is the Power of Attorney that governs decisions about your body, your care, and your quality of life – but it only applies if you can’t decide for yourself

What is a Health and Welfare LPA?

A Health and Welfare Lasting Power of Attorney allows your attorney to make decisions about:

• Medical treatment
• Care arrangements (home care or care home)
• Daily routine (washing, dressing, eating)
• Life-sustaining treatment (if you explicitly allow this)

Unlike the Financial LPA, this one can’t be used while you still have capacity. Doctors and carers must always consult you first if you are able to decide

Why this LPA is often overlooked — and why that’s risky

Many people assume their family will automatically be consulted about medical decisions. That’s not guaranteed

Without a Health and Welfare LPA:

• Doctors make decisions based on clinical judgment and ‘best interests’
• Family members may be consulted, but they have no legal authority
• Disagreements can arise between relatives and professionals
• Your personal values may not be known or followed

This LPA gives legal weight to the people who understand your wishes, not just your symptoms

Life-sustaining treatment: a crucial choice

When setting up this LPA, you must decide whether your attorney can make decisions about life-sustaining treatment

This includes decisions such as:

• Whether treatment should be continued
• Whether it should be refused in certain circumstances

This decision must be clearly recorded and signed — otherwise, doctors retain control

Choose your health attorney carefully

Your health attorney should be someone who:

• Knows your values and beliefs
• Can stay calm under pressure
• Is willing to speak up for you
• Can work constructively with medical professionals

Many people choose a partner, adult child, or close friend — but the key factor is judgment, not obligation

Health LPA vs Living Will

A Living Will (Advance Decision) states what treatments you refuse

A Health and Welfare LPA appoints someone to make decisions in real time

They can work together — but if there’s a conflict, the most recent document usually takes precedence

A Health and Welfare LPA is about dignity, voice, and humanity. It ensures that if you can’t speak for yourself, someone who truly knows you legally can