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Charmel Legal - Wills, Trusts and Power of Attorney

Health and Welfare

Designate someone to make health decisions if you lose capacity.

Older couple reading a letter together in a kitchen

A Health and Welfare Lasting Power of Attorney (LPA) is a legal document in the UK that lets you appoint someone (called your attorney) to make decisions about your personal health and care if you lose mental capacity.

What It Covers

Your chosen attorney can make decisions about:
  • Medical care and treatment
  • Daily routine (e.g., washing, dressing, eating)
  • Where you live (e.g., care home vs. home care)
  • Life-sustaining treatment (e.g., resuscitation or ventilation) — but only if you specifically allow it in the LPA

When It Takes Effect:

  • Only if you lose mental capacity — for example, due to dementia, a brain injury, or serious illness.
  • While you still have capacity, you continue to make your own decisions.

Why It’s Important:

  1. Prevents delays in care decisions if you become unable to decide.
  2. Avoids court involvement (like applying for a Deputyship).
  3. Gives you control over who makes decisions about your well-being.

Why It’s Important:

A Health and Welfare LPA prevents delays in care decisions, avoids court involvement such as applying for a Deputyship, and gives you control over who makes decisions about your well-being. You can appoint a family member, friend, partner or a professional, and you can appoint more than one attorney and specify how they should act.

Ensures Your Wishes Are Respected

You legally appoint someone you trust to decide on medical treatment, daily care, where you live and life-sustaining treatment.
  • Medical treatment
  • Daily care (e.g., washing, dressing)
  • Where you live
  • Life-sustaining treatment (if you choose to give them this authority)

This gives you peace of mind that your preferences will be followed.

Avoids Delays in Urgent Care

Without a Health and Welfare LPA, medical or care decisions may be delayed if no one has legal authority to act on your behalf. With an LPA in place:
  • Your attorney can make decisions immediately if you’re incapacitated.
  • You avoid potential court involvement (like applying for a Deputyship).

This can be critical in emergencies or long-term care planning.

Reduces Family Conflicts

By clearly stating who has decision-making power, an LPA helps:
  • Avoid disagreements among family members
  • Prevent disputes about your care or treatment
  • Ensure that the person you trust most makes the final decisions

It brings clarity and legal structure during stressful times.

Frequently Asked Questions

  • Health conditions such as Dementia, Parkinson’s disease, or a stroke can cause making decisions to become virtually impossible.
  • If you lose mental capacity without an LPA, it can cost your family time and thousands of pounds to be given permission to handle your affairs.
  • Without an LPA, any joint bank accounts you hold with your partner could become severely restricted.
  • This can be devastating, especially if the joint owner has their income or pension paid into this account, or they use it to pay critical bills such as a mortgage or utility costs.

Speak to us about Health and Welfare

Charmel Legal delivers customised estate planning solutions that safeguard your assets, honour your wishes, and provide you with lasting peace of mind.

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