No one wants to think about losing control. Especially not over something as personal as their own health, mind or wellbeing. So, it’s not a surprise that most people put off having important conversations about what might happen if they were no longer able to make decisions for themselves.
But the simple fact is that having a plan in place can save your family from a whole world of confusion and distress in the long run.
That’s where a legal document known as a Health and Welfare Lasting Power of Attorney (LPA) comes in. It gives you a voice and a say, even if the time comes when you can no longer speak for yourself. It’s an act of self-protection and kindness and its benefits should never be overlooked.
What is a Health and Welfare LPA?
Essentially, a Health and Welfare LPA gives someone you trust the legal right to make decisions about your care, should you ever find that you’re unable to make them yourself.
Those might be decisions about where you live, the kind of treatment you receive, whether you stay at home or move into a care setting, who’s allowed to visit, even what kind of food you eat or clothes you wear. It doesn’t have to be detailed. It entirely depends on what you want and how prescriptive you feel you would like to be.
For many, the most sensitive part is making decisions about the possibility of life-sustaining treatment, of if you’d want your organs to be donated. It can often also explain where, how, and with who you want to spend your last days should you have a life limiting illness. A Health and Welfare LPA allows you to make all of that clear, without question, far in advance of those questions even being asked.
The people you appoint are known as your ‘attorneys’, but they don’t need to be lawyers. Usually, they’re family members or close friends – the people you know and trust to make the right calls with your best interests at heart.
What happens if you don’t have one?
There’s a common belief that a next of kin automatically gets to decide on your behalf if something happens. That’s not how it works.
Without a Health and Welfare LPA, your loved ones could be left without any real say in how you’re treated or cared for, which can be incredibly traumatic for everyone concerned.
In such circumstances, doctors, care providers, or social services will be expected to make those decisions instead, often based on ‘best practice’ or medical recommendations, and without fully knowing or understanding what your wishes might have been.
It can also lead to family conflict, with no clear answer about who should step in or what you would have wanted.
When should you put one in place?
Ideally? Before you ever think you’ll need it.
A Health and Welfare LPA can only be made while you still have mental capacity. So, if you’re reading this and you still have the ability to understand, weigh up decisions and communicate them – now is the time.
It’s something we recommend to anyone, at any age. Because capacity can be lost suddenly, through accident or illness; not just through age or dementia.
Can you do it yourself?
Technically, yes. There are government forms online, and you can try to do it without legal help. But far too many DIY LPAs go wrong because of vague wording, missed signatures, or documents that don’t stand up when tested.
And if the wording isn’t clear or there’s a disagreement about what you intended, that’s when the trouble starts. Disputes. Delays. Even the Court of Protection getting involved.
At Wolferstans, we can guide you through it from start to finish. We’ll help you think about the things you might not have considered, and make sure your wishes are recorded properly, not just legally, in language that will actually mean something when it matters most.
Could someone challenge it?
In theory, yes. If there are concerns that you were pressured into signing, didn’t understand what you were doing, or picked someone unsuitable, a Health and Welfare LPA can be questioned.
But a professionally drafted LPA, prepared with the right safeguards and guidance, makes that much less likely. It shows you made a clear and informed decision – and that matters, especially if things ever come under scrutiny.
Your attorneys, too, must follow strict rules. They must act in your best interests, take your views into account, and work with others where needed. It’s not a free-for-all. It’s a legal responsibility.
Taking the first step
Making a Health and Welfare LPA isn’t about being morbid or pessimistic. It’s about being practical and making life easier for your future self and the people you trust to help you.
If you’d like to chat it through, our friendly Wills, Probate & Trusts team are here to help. We’ll talk through your options and help you get it done properly.