How does a Health and Welfare LPA work with NHS treatment?
When someone loses mental capacity — whether through illness, accident, or a condition like dementia — medical decisions still need to be made. A Health and Welfare LPA allows the donor to appoint a trusted person to make these decisions on their behalf.
Without a Health and Welfare LPA, doctors and medical professionals make treatment decisions based on their clinical judgement and what they believe is in the patient's best interests. While NHS staff are trained to act professionally, they may not know the patient's personal values, beliefs, or wishes. An attorney who knows the donor well is in a much better position to represent what the donor would have wanted.
What medical decisions can an attorney make?
An attorney acting under a Health and Welfare LPA can:
- Consent to treatment — agreeing to surgery, medication, therapy, or other medical interventions
- Refuse treatment — declining treatment that the donor would not have wanted
- Choose between treatment options — when there are alternative approaches
- Request a second opinion — asking for another doctor's view
- Access medical records — to make informed decisions
- Decide about participation in clinical trials
- Make decisions about ongoing care — including rehabilitation and therapy
What about life-sustaining treatment?
Life-sustaining treatment is any treatment that, in the view of the treating doctor, is necessary to sustain life. This could include:
- Ventilation and breathing support
- CPR (cardiopulmonary resuscitation)
- Artificial nutrition and hydration
- Certain medications like antibiotics for life-threatening infections
An attorney can only make decisions about life-sustaining treatment if the LPA specifically grants this power. When you create your LPA, you are asked whether you want to give your attorney authority over life-sustaining treatment — this is a separate, explicit section on the form.
If you do not grant this authority, doctors will make life-sustaining treatment decisions based on the patient's best interests, in consultation with the family.
What are the limits of an attorney's medical powers?
Even with a Health and Welfare LPA, an attorney cannot:
- Demand treatment that doctors consider clinically inappropriate — doctors retain clinical judgement about what treatment to offer
- Override an advance decision — if the donor made a valid advance decision to refuse a specific treatment, this takes precedence over the attorney's wishes
- Consent to treatment that is not in the donor's best interests
- Make decisions while the donor has capacity — a Health and Welfare LPA can only be used when the donor lacks capacity for the specific decision
How do hospitals handle LPAs?
When a patient is admitted to hospital and lacks capacity, the medical team should check whether a Health and Welfare LPA is in place. The attorney should:
- Present the registered LPA (or a certified copy) to the hospital
- Provide the OPG access code for online verification
- Be available to discuss treatment decisions with the medical team
- Be involved in care planning meetings
Hospitals are legally required to consult the attorney before making treatment decisions, if they know an LPA is in place. In emergencies, doctors can provide immediately necessary treatment without waiting to consult the attorney.
What about advance decisions?
An advance decision (sometimes called a "living will") is a specific refusal of a particular medical treatment in defined circumstances. It is different from an LPA:
- An advance decision says "I do not want this specific treatment in these specific circumstances"
- An LPA says "I trust this person to make medical decisions for me"
If there is a conflict between a valid advance decision and an attorney's wishes, the advance decision takes precedence — as long as it was made after the LPA and covers the specific treatment in question.
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
Both LPA types cost £69 with myLPA Guide, plus the OPG registration fee of £92 per document. A Health and Welfare LPA gives you a voice in your medical care even when you cannot speak for yourself. Complete your LPA questionnaire free today.
Why is having both LPA types important for health?
While the Health and Welfare LPA covers treatment decisions, the Property and Financial Affairs LPA covers the financial consequences — such as paying for private treatment, managing insurance, or funding rehabilitation. Together, they provide complete protection.