Health & Welfare LPA: A Guide to Your Rights

August 24, 2026

In short: A Health & Welfare LPA is a legal document that lets you appoint one or more people you trust to make decisions about your medical care, treatment and daily living if you lose the mental capacity to make those decisions yourself. It can only be used once you are no longer able to decide for yourself. At Tayntons Solicitors in Gloucester, our Private Client team prepares and registers Health & Welfare LPAs for clients across Gloucestershire, so you can plan for the future with confidence.

No one likes to think about a time when they might be unable to make our own decisions. Planning, however, is one of the most reassuring things you can do for yourself and your family. A Health & Welfare LPA puts the people you trust in charge of decisions about your care and treatment, guided by your wishes, if illness or injury ever takes away your capacity to decide.

This guide explains what a Health & Welfare LPA is, when it can be used, and how it protects you. As experienced Lasting Power of Attorney solicitors in Gloucester, the Tayntons Solicitors Private Client team is here to make the process straightforward.

What is a Health & Welfare LPA?

A Lasting Power of Attorney is a legal document that allows you (the “donor”) to appoint someone you trust (your “attorney”) to make decisions on your behalf. LPAs were introduced by the Mental Capacity Act 2005 in England and Wales to give people a clear, legal way to plan for future decisions.

There are two types of LPA:

• a Health & Welfare LPA, which covers decisions about your medical care, treatment and personal welfare; and
• a Property & Financial Affairs LPA, which covers decisions about your money, property and finances.

A Health & Welfare LPA lets your attorney make decisions about things such as your medical treatment, whether you move into a care home, your day-to-day care, diet and daily routine, and, if you specifically give them this authority, whether you receive life-sustaining treatment. It is designed to make sure your care reflects your own values and wishes, even when you can no longer express them yourself.

You can read more about how Lasting Powers of Attorney work on our Lasting Power of Attorney page.

When can a Health & Welfare LPA be used?

A Health & Welfare LPA can only be used once you have lost the mental capacity to make a particular decision for yourself. This is an important difference from a Property & Financial Affairs LPA, which, with your permission, can be used while you still have capacity.

Mental capacity is assessed in line with the Mental Capacity Act 2005. Capacity is specific to each decision and the time it needs to be made, so it is judged decision by decision rather than as an all-or-nothing status. Where there is any doubt, a suitably qualified professional, such as your GP, may be asked to carry out an assessment. Until you lose capacity to make a decision, you keep the right to make it yourself.

Although a Health & Welfare LPA can only be used once capacity is lost, it must be registered with the Office of the Public Guardian before it can be used. That is why it is sensible to put one in place well in advance, rather than waiting until it is needed.

Why a Health & Welfare LPA matters

If you lose mental capacity without a Health & Welfare LPA in place, decisions about your care and treatment may be made by healthcare professionals or social workers who do not know you or your wishes. Even close family members have no automatic legal right to make health and welfare decisions for an adult relative.

Without an LPA, your loved ones may have to apply to the Court of Protection to be appointed as your deputy before they can act for you. That process can be slow, stressful and costly, at exactly the time your family is already under pressure. Putting a Health & Welfare LPA in place now spares them that burden and makes sure the people you have chosen can step in without delay.

For more on the benefits of planning, see why you should make a Lasting Power of Attorney.

Who can make a Health & Welfare LPA?

You can make a Health & Welfare LPA if you are at least 18 years old and have the mental capacity to understand what the document does. In practice, that means being able to understand the relevant information, retain it, weigh it up and communicate your decision.

Choosing the right attorney is one of the most important decisions you will make. Your attorney should be someone you trust completely and who understands your values and preferences. Many people appoint a spouse, adult child or close friend. You can also appoint a professional, such as a solicitor. Whoever you choose must be willing to act, and must always act in your best interests.

Your LPA must also include a certificate provider. This is an independent person who confirms that you understand the LPA and that you are not being pressured into making it. A certificate provider must be someone who has known you personally for at least two years, or someone with relevant professional skills, such as a solicitor or your GP. The certificate provider is a separate role from the witnesses who witness the signatures on the document.

What does a Health & Welfare LPA include?

A Health & Welfare LPA is made up of several important parts:

• Your attorneys. You can appoint one attorney or several. If you appoint more than one, you decide whether they must act “jointly” (all decisions made together) or “jointly and severally” (they can act together or independently).
• Replacement attorneys. You can name replacement attorneys to step in if an original attorney is later unable or unwilling to act, for example due to illness or death.
• Your instructions and preferences. You can set out specific wishes about your care, such as dietary requirements, religious observance or how you would like to be looked after.
• Life-sustaining treatment. You can choose whether or not to give your attorney authority to make decisions about life-sustaining treatment. Your attorney only has this power if you specifically grant it in the LPA.
• The certificate provider. An independent person confirms that you understand the LPA and are acting freely..

How Tayntons helps you put a Health & Welfare LPA in place

Getting a Health & Welfare LPA right matters. Small errors can lead to the document being rejected, causing delay and additional cost, and a poorly drafted LPA may not do what you intended when it is eventually needed.

Our Private Client team takes care of the whole process for you. We will talk through your circumstances and wishes, advise you on who to appoint and how, draft your LPA correctly, and register it with the Office of the Public Guardian. Where appropriate, a member of our team can also act as your certificate provider. Throughout, we explain everything in plain English and give you a simple breakdown of the costs involved.

The rights and responsibilities of an attorney

Acting as an attorney under a Health & Welfare LPA is an important responsibility. An attorney must always act in the donor’s best interests and follow the principles of the Mental Capacity Act 2005 and its Code of Practice. That means considering the donor’s past and present wishes, feelings, beliefs and values, and involving them in decisions as far as possible.

If the LPA gives them the authority, an attorney may make decisions about life-sustaining treatment. This is a significant duty, and the attorney must work with the donor’s healthcare team and take medical advice into account. An attorney should also keep a clear record of the decisions they make, and must respect the donor’s privacy, sharing information only where it is appropriate to do so.

Changing or revoking a Health & Welfare LPA

You can revoke (cancel) your Health & Welfare LPA at any time, as long as you still have the mental capacity to do so. This is done by making a formal document called a deed of revocation and notifying the Office of the Public Guardian and your attorneys.

You cannot amend an LPA once it has been registered. If your wishes or circumstances change, for example you want to appoint a different attorney, you would make a new LPA and register it in place of the old one.

An LPA can also be revoked by the Court of Protection if there is evidence that an attorney is not acting in the donor’s best interests or is abusing their position. This is an important safeguard that protects donors from misuse.

Common misconceptions about Health & Welfare LPAs

“LPAs are only for the elderly”

Mental capacity can be lost at any age, through accident or sudden illness as well as age-related conditions. A Health & Welfare LPA is a sensible step for any adult, not just for older people.

“Making an LPA means giving up control”

It does the opposite. Your LPA only comes into effect if you lose capacity, and until then you keep full control of your own decisions. It is a way of protecting your voice, not surrendering it.

“I can just sort it out quickly myself”

An LPA is a powerful legal document, and mistakes in how it is completed, signed or worded are common and can lead to it being rejected or, worse, not working when it is needed. Taking proper advice from an LPA solicitor helps ensure your LPA is valid, effective, and genuinely reflects your wishes.

Speak to our Lasting Power of Attorney solicitors in Gloucester.

Tayntons Solicitors’ Private Client team has been helping people across Gloucester and Gloucestershire with Lasting Powers of Attorney and wider incapacity planning for many years, including clients in Cheltenham, Stroud and the Forest of Dean. Our team includes members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly, and Tayntons holds the Law Society’s Lexcel accreditation. The Solicitors Regulation Authority regulates us.

If you are looking for an approachable, experienced lasting power of attorney solicitor in Gloucestershire, we would be glad to help. Tayntons Solicitors is rated ‘Excellent’ on ReviewSolicitors.

To talk to one of our LPA solicitors, call 01452 522047, email info@tayntons.co.uk, or request a call back and we will be in touch.

Frequently asked questions

What is a Health & Welfare LPA?

A Health & Welfare LPA is a legal document that lets you appoint one or more attorneys to make decisions about your medical care, treatment and daily living if you lose the capacity to make them yourself. It can only be used once you are no longer able to make a particular decision.

When does a Health & Welfare LPA come into effect?

It comes into effect only once you have lost the mental capacity to make the relevant decision. Until then, you make your own health and welfare decisions.

Can my attorney decide about life-sustaining treatment?

Only if you have specifically given them that authority in the LPA; if you do not grant it, decisions about life-sustaining treatment are made by your healthcare team in your best interests.

Do I also need a Property & Financial Affairs LPA?

Many people put both LPAs in place, because a Health & Welfare LPA does not cover money, property or finances. Our team can advise you on whether both are right for you.

Can I make a Health & Welfare LPA myself?

You can, but LPAs are legal documents and errors in completing or signing them are common and can cause delay or rejection. Working with an LPA solicitor helps make sure yours is valid and does what you intend.

How long does it take to register an LPA?

Once your LPA is signed, it must be registered with the Office of the Public Guardian before it can be used, and registration can take several weeks. We will keep you updated at each stage.

This guide is for general information only and does not constitute legal advice. For advice tailored to your circumstances, please get in touch with the Tayntons Solicitors Private Client team.