Can my health and welfare attorney make decisions while I still have capacity?

No. A health and welfare LPA can ONLY be used when the donor lacks the mental capacity to make the decision in question. This is set out in section 11(7)(a) of the Mental Capacity Act 2005 and cannot be changed. If you have capacity, you make your own health and welfare decisions. This is different from a property and financial affairs LPA, which can be used while you still have capacity.

What is the difference between an LPA and an advance decision (living will)?

An advance decision (also called a living will) is a decision to refuse specific medical treatments in the future, made while you have capacity. An LPA for health and welfare appoints a person to make decisions on your behalf. An advance decision takes priority over an LPA if it was made after the LPA and relates to the same treatment. If both exist, the attorney must respect a valid advance decision.

Can my attorney override the doctors?

In certain circumstances, yes. If you have given your attorney authority over the relevant decision and you lack capacity, the attorney's decision takes precedence over the views of medical professionals, provided the attorney is acting in your best interests. However, if doctors believe the attorney is not acting in the donor's best interests, they can apply to the Court of Protection for a ruling.

What happens if I do not have an LPA and I lose capacity?

If you lose capacity without having made an LPA, decisions about your care and treatment will be made by your doctors and care team, in consultation with your family and anyone else interested in your welfare. They must follow the best interests principle in section 4 of the Mental Capacity Act 2005. If there is a dispute about what is in your best interests, the Court of Protection can make a decision. Anyone who wishes to make decisions on your behalf on an ongoing basis must apply to the Court of Protection to be appointed as a deputy.

Can the Court of Protection override my LPA?

Yes. Under section 22 of the Mental Capacity Act 2005, the Court of Protection can determine whether an LPA is valid, give directions to the attorney, and revoke the LPA if the attorney is behaving in a way that is not in the donor's best interests, has contravened their authority, or is otherwise unsuitable. Any concerned person can apply to the court.

Lasting Power of Attorney — Health & Welfare (Guide Template)

A lasting power of attorney for health and welfare (LPA HW) is a legal document that allows you (the donor) to appoint one or more people (attorneys) to make decisions about your health, care, and.

FreePDF & Word

Your data stays on your device — nothing is sent to any server.

Donor Details

Donor Name (Person Making the LPA)*

Donor Address*

Donor Date of Birth*

attorneys

Attorney 1 — Full Name*

Attorney 1 — Address*

Appoint a replacement attorney

Replacement Attorney — Full Name

Replacement Attorney — Address

authority

Authority Over Life-Sustaining Treatment*

This is a very important decision. If you say 'yes', your attorney can consent to or refuse life-sustaining treatment on your behalf. If 'no', these decisions will be made by your doctors.

preferences

Care Preferences (Non-Binding Wishes)

Non-binding wishes about your day-to-day care, living arrangements, diet and social life.

Medical Treatment Preferences

Your wishes about medical treatment. These guide your attorney's decisions.

Instructions (Binding Restrictions)

Binding restrictions your attorney MUST follow.

execution

Date*

Document Preview

LASTING POWER OF ATTORNEY — HEALTH AND WELFARE PREPARATION GUIDE AND COVER LETTER IMPORTANT NOTICE: This document is a preparation guide, NOT the official LPA form. A valid LPA must be made on the official form prescribed by the Office of the Public Guardian (OPG) and registered with the OPG before it can be used. The official form can be completed at: www.gov.uk/lasting-power-of-attorney Date: [date] ═══════════════════════════════════════ SECTION 1: DONOR DETAILS ═══════════════════════════════════════ Full name: [donorName] Address: [donorAddress] Date of birth: [donorDOB] ═══════════════════════════════════════ SECTION 2: ATTORNEY DETAILS ═══════════════════════════════════════ Attorney 1: Name: [attorney1Name] Address: [attorney1Address] Replacement Attorney: Name: [replacementAttorneyName] Address: [replacementAttorneyAddress] ═══════════════════════════════════════ SECTION 3: WHEN THE LPA CAN BE USED ═══════════════════════════════════════ A health and welfare LPA can ONLY be used when the donor lacks the mental capacity to make the decision in question. The attorney cannot make health and welfare decisions while the donor has capacity. ═══════════════════════════════════════ SECTION 4: LIFE-SUSTAINING TREATMENT ═══════════════════════════════════════ Authority over life-sustaining treatment: [lifeSustainingTreatment] Life-sustaining treatment includes treatments that a doctor considers necessary to keep you alive, such as ventilation, CPR, antibiotics for a life-threatening infection, and artificial nutrition and hydration. ═══════════════════════════════════════ SECTION 8: IMPORTANT NOTES FOR MY ATTORNEY ═══════════════════════════════════════ As my attorney for health and welfare, you must: 1. Only make decisions when I lack the capacity to make them myself (Mental Capacity Act 2005, section 11(7)(a)). 2. Act in my best interests at all times (section 4). 3. Consider my past and present wishes, feelings, beliefs and values (section 4(6)). 4. Consider whether I am likely to regain capacity and, if so, when (section 4(3)). 5. Permit and encourage me to participate in any decision as fully as possible (section 4(4)). 6. Consult anyone named by me, my carers, and anyone else interested in my welfare (section 4(7)). 7. Not restrain me unless you reasonably believe it is necessary to prevent harm and is proportionate (section 6(4)). ═══════════════════════════════════════ SECTION 9: NEXT STEPS ═══════════════════════════════════════ To create a valid LPA: 1. Complete the official OPG form at www.gov.uk/lasting-power-of-attorney 2. The form must be signed by the donor, attorney(s), and a certificate provider. 3. Register the LPA with the Office of the Public Guardian (fee: £82). 4. The LPA cannot be used until it is registered. Prepared by: ___________________________ [donorName] Date: [date]

Important Notes

Legal Disclaimer

A lasting power of attorney for health and welfare is governed by sections 9 to 14 of the Mental Capacity Act 2005 (MCA 2005). Under section 11(7)(a), the attorney may only act when the donor lacks capacity in relation to the matter in question — this is an absolute restriction and cannot be changed. Under section 11(8), the attorney can only consent to or refuse life-sustaining treatment if the LPA expressly authorises this. Section 4 of the MCA 2005 sets out the 'best interests' principle — all decisions made on behalf of a person who lacks capacity must be made in their best interests, taking into account their past and present wishes, feelings, beliefs and values. Section 5 provides a general defence for acts done in connection with the care or treatment of a person who lacks capacity, provided the person doing the act reasonably believes they are acting in the person's best interests. The Court of Protection has jurisdiction under section 22 to determine the validity of an LPA and to revoke it if the attorney is not acting in the donor's best interests. Advance decisions to refuse treatment (sections 24-26) can override an attorney's decision if validly made. The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 set out the prescribed forms and registration procedure.

This template is provided for informational purposes only and does not constitute legal advice. For complex legal matters, we recommend consulting a qualified solicitor.

Frequently Asked Questions

Related Templates

LPA Property & Financial Affairs (Guide)General Power of Attorney Revocation of Power of Attorney