Healthcare LPA
Healthcare Lasting Power of Attorney: What You Need to Know
We often assume we'll always make decisions about our own healthcare—but life can sometimes take unexpected turns. A Healthcare Lasting Power of Attorney (LPA) ensures someone you trust can speak up clearly for you if you can't do it yourself.
What's a Healthcare LPA?
A Healthcare LPA is a legal document that allows you to appoint one or more people—called attorneys—to make healthcare and welfare decisions on your behalf if you lose the mental capacity to do so yourself. This includes decisions about medical treatments, care arrangements, and even life-sustaining treatments.
Why Set Up a Healthcare LPA?
Without an LPA, healthcare professionals or local authorities might end up making important decisions for you. Appointing your own attorney ensures someone who understands your values and wishes will make these choices.
How to Set Up a Healthcare LPA (England & Wales)
1. Choose Your Attorney(s): Select someone trustworthy, capable, and comfortable with making significant medical decisions.
2. Complete the Official Form: Complete forms online or via post through the Office of the Public Guardian.
3. Register the LPA: It must be officially registered before it can be used—this usually takes several weeks, so plan ahead. The application fee is £82.
4. Discuss Your Wishes Clearly: Communicate your wishes clearly with your attorney—particularly regarding serious treatments and end-of-life care.
You can set this up yourself and the only cost would be the fee, however some people choose to use a solicitor, because it's quite a lengthy and formal document. However, the government website https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney has an excellent downloadable step-by-step guide, so there's no point creating a detailed how-to-guide here, and small mistakes can be corrected by the OPG team. What's more, you can call them on 0300 456 0300 if you want some specific guidance.
Differences in Scotland
In Scotland, the equivalent document is called a Welfare Power of Attorney. The registration process differs slightly, managed by the Office of the Public Guardian (Scotland). Unlike in England and Wales, a solicitor or medical professional must sign a certificate confirming you understand your decision when setting up your Welfare PoA.
Practical Tips to Consider
Choose backups: Appointing more than one attorney helps cover situations where your first choice isn't available.
Regular Reviews: Revisit your LPA every few years to ensure it's still up-to-date with your wishes and relationships.
Advance Decisions: Consider an advance decision (also known as a living will) to further clarify your treatment preferences.