The Power to Choose: Why You Need a Health & Welfare LPA Before It’s Too Late

When we think about planning for the future, most of us think about savings, pensions, or writing a will. But there's a critical piece many people overlook — appointing someone to make decisions if you lose the ability to do so yourself. This is where a LPA for Health and Welfare becomes essential.

Unlike a will, which takes effect after you die, an LPA protects you while you're still alive but unable to make your own decisions due to illness, accident, or age-related decline.

Let’s break down what it is, why it matters, and what happens if you don’t have one.

What Is a Health and Welfare LPA?

A Health and Welfare LPA is a legal document that lets you appoint someone you trust — known as your attorney — to make decisions about your health and personal welfare if you lose mental capacity.

This includes choices about:

• Where you live (home, care home, or assisted living)
• What medical treatment you receive — or don’t
• What you eat and wear
• Daily routines like hygiene and mobility
• Life-sustaining treatment decisions (but only if you grant that specific power)

It's different from a Property and Financial Affairs LPA, which deals with your money and assets. You can have both types, but they must be created separately.

Why Most People Don’t Realise They Need One

Many assume that their next of kin can automatically step in if they’re unable to make decisions. That’s not true. Legally, doctors, social workers, and the courts may have the final say — not your spouse, children, or close friends.

Without a Health and Welfare LPA:

• Family members can be left powerless in urgent medical decisions.
• Disputes may arise among loved ones about what's best for you.
• Local authorities could decide where you live and who cares for you.
• It could take months and thousands in legal fees for someone to get permission from the Court of Protection to act on your behalf.

An LPA prevents all of this. It ensures your wishes are respected and your chosen person has legal authority to act quickly and confidently.

Who Should You Choose as Your Attorney?

Your attorney should be someone:

• You trust implicitly
• Who understands your values and preferences
• Who is reliable and capable of making sensitive decisions under pressure

It could be a partner, adult child, friend, or even a professional adviser. You can appoint more than one person to act jointly or independently. You can also add guidance or restrictions in your LPA to make your wishes even clearer.

When Does a Health and Welfare LPA Come into Effect?

This type of LPA only comes into play if and when you lose mental capacity. As long as you can make your own decisions, your attorney has no authority. This offers peace of mind that you stay in control until you no longer can be.

“Mental capacity” means you can understand, retain, and weigh up information to make decisions. Conditions like dementia, stroke, traumatic brain injury, or severe mental illness can result in loss of capacity — temporarily or permanently.

How to Set One Up

Creating an LPA is straightforward, but it must be done carefully:

1. Complete the LPA forms (available online or through a legal adviser).
2. Choose your attorney(s) and get their signed agreement.
3. Have the document signed and witnessed, including a certificate provider who confirms you understand what you’re doing.
4. Register it with the Office of the Public Guardian (OPG) — a required step before it can be used.

The process costs £82 to register (as of writing), though discounts or exemptions are available for low-income applicants.

Why Now Is the Best Time

No one likes to imagine a future where they can’t speak for themselves. But by acting early, while you're well and clear-headed, you get to:

• Choose who will act for you — not leave it to chance
• Make sure your values and preferences are respected
• Spare your loved ones from complex legal processes
• Stay in control of your future, even if life takes an unexpected turn

Waiting until it’s needed is too late — by then, the opportunity may be gone.

The Bottom Line

A Health and Welfare LPA isn’t just a legal form. It’s a lifeline for your future self. It protects your dignity, your voice, and your right to decide how you want to live — even if you can’t say it out loud.

For anyone over the age of 18, setting one up should be part of basic life planning. Whether you're in your 30s or your 70s, the earlier you act, the more peace of mind you gain.

If you're not sure where to begin or want to make sure it’s done right, it's smart to speak to a professional.

Conclusion

Taking control of your future health and welfare decisions is one of the most responsible steps you can take. A Health and Welfare LPA ensures your wishes are honoured, and your loved ones are empowered — not left fighting the system.

For clear guidance and professional support in setting up your LPA, speak to the experts at Burbage Finance Ltd. Their experience can help you protect what matters most — your independence, your voice, and your peace of mind.