Lasting Power of Attorney — Health and Welfare — Medical (UK)
LASTING POWER OF ATTORNEY
HEALTH AND WELFARE (LP1H)
Made under sections 9–14 of the Mental Capacity Act 2005
Date of this instrument: [Instrument Date]
SECTION 1: THE DONOR
1.1 I, [Donor Title] [Donor Full Name], born [Donor DOB], of [Donor Address], [Donor City], [Donor County], [Donor Postcode], email: [Donor Email], telephone: [Donor Phone], hereby make this Lasting Power of Attorney for Health and Welfare.
1.2 I confirm that I am aged 18 or over and that I have the mental capacity to make this Lasting Power of Attorney within the meaning of section 2 of the Mental Capacity Act 2005.
1.3 I understand the purpose and effect of this Lasting Power of Attorney. I understand that this LPA can only be used when I lack the mental capacity to make the specific health or welfare decision in question (section 11(7)(a) of the Mental Capacity Act 2005).
SECTION 2: APPOINTMENT OF ATTORNEY(S)
2.1 I appoint as my first attorney: [Attorney 1 Title] [Attorney 1 Full Name], born [Attorney 1 DOB], ([Attorney 1 Relationship]), of [Attorney 1 Address], [Attorney 1 City], [Attorney 1 County], [Attorney 1 Postcode].
2.2 I confirm that my attorney is aged 18 or over and willing to act as my attorney for health and welfare matters.
SECTION 4: LIFE-SUSTAINING TREATMENT
4.1 In relation to life-sustaining treatment as defined by section 11(8) of the Mental Capacity Act 2005, I have selected: [Life Sustaining Option].
4.2 Life-sustaining treatment includes any treatment that a registered medical practitioner considers necessary to sustain life, including (but not limited to) cardiopulmonary resuscitation (CPR), mechanical ventilation, artificial nutrition and hydration, and antibiotics for life-threatening infections.
4.3 Where Option B has been selected, decisions about life-sustaining treatment will be made by the treating medical team in accordance with the best interests test in section 4 of the Mental Capacity Act 2005 and relevant clinical guidance. My attorneys will be consulted as part of that best interests process but will not have decision-making authority.
4.4 Where Option A has been selected, my attorneys must make all life-sustaining treatment decisions in my best interests, having regard to the principles in section 1 of the Mental Capacity Act 2005 and the Code of Practice issued under section 42 of that Act. They must not be motivated by a desire to bring about my death.
SECTION 7: SCOPE OF HEALTH AND WELFARE AUTHORITY
7.1 Subject to the restrictions above and to section 11(7)(a) of the Mental Capacity Act 2005 (which limits use of this LPA to times when I lack the relevant mental capacity), my attorney(s) are authorised to make decisions about my personal welfare, including: where I should live and with whom; my day-to-day care, including diet, clothing, and daily routine; giving or refusing consent to medical examinations, treatments, and procedures; the provision, continuation, or withdrawal of community care services; social activities, education, and leisure; and any other matters relating to my personal welfare.
7.2 My attorneys must always act in my best interests in accordance with section 4 of the Mental Capacity Act 2005, and must consider all relevant circumstances, including my past and present wishes, beliefs, and values, as well as the views of people close to me.
7.3 My attorneys must comply with the five statutory principles in section 1 of the Mental Capacity Act 2005 and must have regard to the Code of Practice issued under section 42 of that Act.
7.4 This Lasting Power of Attorney is governed by the laws of England and Wales.
SECTION 8: CERTIFICATE PROVIDER
8.1 Certificate provider: [Cert Provider Name], of [Cert Provider Address].
8.2 The certificate provider falls within the following category: [Cert Provider Category].
8.3 The certificate provider certifies that, in their opinion: (a) the Donor understands the purpose and scope of this Lasting Power of Attorney; (b) no fraud or undue pressure has been used to induce the Donor to make this LPA; and (c) there is nothing else that would prevent a valid LPA from being created. This certification is required by Part 2 of Schedule 1 to the Mental Capacity Act 2005.
Certificate provider’s signature: _______________________________
Date: _______________________________
IMPORTANT NOTICE — REGISTRATION REQUIRED
This instrument has no legal effect until it has been registered by the Office of the Public Guardian. Application for registration must be made on form LP2. The registration fee is currently £82 per LPA. OPG address: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH. Registration typically takes 8 to 12 weeks. This LPA cannot be used until the OPG has stamped each page and issued written confirmation of registration.
SIGNED by the DONOR as a Deed
Name: [Donor Full Name]
Date of birth: [Donor DOB]
Address: [Donor Address], [Donor City], [Donor County], [Donor Postcode]
WITNESS to Donor’s Signature
Witness full name: _______________________________
Witness address: _______________________________
Witness signature: _______________________________
Date: _______________________________
SIGNED by ATTORNEY 1
Name: [Attorney 1 Full Name]
I confirm that I am at least 18 years of age and willing and able to act as attorney for health and welfare under this Lasting Power of Attorney.
WITNESS to Attorney 1’s Signature
Witness full name: _______________________________
Witness signature: _______________________________
Date: _______________________________
Donor
[Donor Full Name]
Signature
Date: ________________
Attorney
[Attorney 1 Full Name]
Signature
Date: ________________
Second Attorney (if applicable)
[Attorney 2 Full Name]
Signature
Date: ________________
What Is a Lasting Power of Attorney — Health and Welfare — Medical (UK)?
A Lasting Power of Attorney — Health and Welfare — Medical in the United Kingdom authorises a named attorney to act for the donor and sets the limits of the powers granted, and takes its legal force from the Mental Capacity Act 2005 (Lasting Power of Attorney for Health and Welfare).
The Health and Welfare LPA operates under a critical restriction: unlike the Property and Financial Affairs LPA, it can only be used when the Donor actually lacks the mental capacity to make the relevant decision at the time it needs to be made. This is established by section 11(7)(a) of the Mental Capacity Act 2005. Capacity is assessed on a decision-specific and time-specific basis under section 2 of the Act — a person may lack capacity to make some decisions (such as complex medical treatment decisions) while retaining capacity to make others (such as what to eat or wear).
The scope of authority under a Health and Welfare LPA is broad and covers: where the Donor should live and with whom; their day-to-day care arrangements, including personal hygiene, nutrition, clothing, and daily routine; giving or refusing consent to medical examinations, investigations, and treatment (including surgery, medication, and therapies); decisions about the provision, continuation, or withdrawal of community care services, care home placements, and home care arrangements; participation in social activities, education, and leisure; and, if expressly authorised in the instrument, decisions about life-sustaining treatment under section 11(8) of the Act.
To be legally valid, a Health and Welfare LPA must comply with the formal requirements of Schedule 1 to the Mental Capacity Act 2005. The instrument must be in the prescribed form (LP1H); the Donor must have mental capacity at the time of signing; the instrument must be witnessed and signed by a certificate provider (who certifies the Donor's understanding and freedom from undue pressure); and the instrument must be registered with the Office of the Public Guardian (OPG) before it can be used. The OPG charges a registration fee (currently £92) and registration typically takes eight to twelve weeks. The LPA has no legal effect whatsoever until it has been registered with the OPG.
The legal framework governing the Lasting Power of Attorney — Health and Welfare (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Wills Act 1837, Section 9 sets formal requirements for valid wills in England and Wales. The Administration of Estates Act 1925 governs intestate succession. The Inheritance (Provision for Family and Dependants) Act 1975 allows dependants to contest estates. The Probate Registry processes applications for grants of probate. HM Revenue and Customs (HMRC) administers inheritance tax under the Inheritance Tax Act 1984. Parties executing a Lasting Power of Attorney — Health and Welfare (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Mental Capacity Act 2005 sets the foundational requirements.
When Do You Need a Lasting Power of Attorney — Health and Welfare — Medical (UK)?
A Lasting Power of Attorney for Health and Welfare is one of the most important legal documents that any adult in England and Wales can create, yet it is often left too late. The fundamental rule is that an LPA can only be created while the Donor still has the mental capacity to understand what they are signing and what authority they are granting. Once mental capacity is lost, it is no longer possible to create an LPA — the only remaining option is to apply to the Court of Protection for a deputyship order, which is significantly more expensive, time-consuming, and burdensome for all concerned.
You should consider creating a Health and Welfare LPA if you: have been diagnosed with a condition that may progressively affect your mental capacity, such as dementia, Alzheimer's disease, Parkinson's disease, Huntington's disease, or multiple sclerosis; have had a serious accident, stroke, or illness that has caused you to reflect on the importance of planning ahead; are undergoing a major surgical procedure and wish to confirm your medical wishes are known; are an older adult who wishes to put arrangements in place for the future while you still have full capacity; or simply wish to confirm that, whatever happens to you, the people you trust most are empowered to make decisions on your behalf rather than leaving those decisions to healthcare professionals who do not know you.
A Health and Welfare LPA is particularly valuable in any situation where medical professionals are required to make decisions about treatment and there is no next of kin available to be consulted, or where family members disagree about what course of treatment should be taken. The existence of a registered LPA resolves these disputes by placing decision-making authority clearly with the named attorneys.
For those with particular concerns about end-of-life treatment — including decisions about cardiopulmonary resuscitation (CPR), mechanical ventilation, artificial nutrition and hydration, or the withdrawal of life-sustaining treatment — the Health and Welfare LPA is the appropriate vehicle for expressing and legally enforcing those wishes, either by granting attorneys authority over life-sustaining treatment decisions (Option A) or by restricting that authority (Option B) and supplementing the LPA with a separate advance decision to refuse treatment under sections 24–26 of the Mental Capacity Act 2005.
What to Include in Your Lasting Power of Attorney — Health and Welfare — Medical (UK)
A properly drafted Lasting Power of Attorney for Health and Welfare must include a number of essential elements, each of which has a specific statutory or practical function.
The Donor's personal details must be set out in full: full legal name, date of birth, and current residential address. The Donor must be aged 18 or over and must have mental capacity at the time they execute the instrument, as required by section 9(2)(c) of the Mental Capacity Act 2005. The Donor must also sign the instrument before the attorneys and the certificate provider, in the presence of a witness.
The appointment of attorneys is the central operative provision of any LPA. Attorneys must be aged 18 or over and must not be bankrupt or subject to a Debt Relief Order at the time of their appointment (for a Property and Financial Affairs LPA, bankrupts are automatically disqualified; for a Health and Welfare LPA, the disqualification rules are less strict but a bankrupt attorney may be a poor choice in terms of reliability and judgment). Where more than one attorney is appointed, the Donor must specify how they are to act: jointly (all must agree on every decision — safest but most restrictive); jointly and severally (any one attorney can act alone — most flexible but least supervised); or jointly for some decisions and jointly and severally for others.
The life-sustaining treatment provision (Section 5 of the LP1H form) is one of the most consequential choices the Donor makes. Under section 11(8) of the Mental Capacity Act 2005, attorneys have no authority to make decisions about life-sustaining treatment unless the LPA expressly grants this power. The Donor must choose Option A (granting life-sustaining treatment authority) or Option B (withholding it). This choice should be made carefully, in consultation with family members and, where appropriate, a medical professional or solicitor.
Replacement attorneys provide continuity of decision-making authority if an original attorney is unable or unwilling to continue. Attorneys may cease to act because of death, mental incapacity, bankruptcy, or personal choice. If all original attorneys can no longer act and no replacement attorneys have been appointed, the LPA may become ineffective.
Preferences and instructions allow the Donor to guide the attorneys' decision-making. Preferences are non-binding wishes (such as expressing a preference for home care over residential care, or for particular foods or religious practices). Instructions are binding on the attorneys and must be followed. Both should be drafted carefully: overly restrictive instructions may make it impossible for attorneys to act in the Donor's best interests.
The certificate provider declaration and the persons to be notified provisions are the two principal safeguards built into the LPA regime by the Mental Capacity Act 2005 to protect donors against fraud, undue influence, and abuse. Both must be properly completed for the LPA to be validly registered. The forms-legal.com Lasting Power of Attorney — Health and Welfare (UK) template covers the mandatory elements under the Mental Capacity Act 2005.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Lasting Power of Attorney — Health and Welfare — Medical (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/estate-planning/power-of-attorney/lasting-power-of-attorney-health-welfare-uk
"Lasting Power of Attorney — Health and Welfare — Medical (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/estate-planning/power-of-attorney/lasting-power-of-attorney-health-welfare-uk.
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year = {2026},
howpublished = {\url{https://forms-legal.com/uk/estate-planning/power-of-attorney/lasting-power-of-attorney-health-welfare-uk}},
note = {Free legal document template. Based on Mental Capacity Act 2005 (Lasting POA Health & Welfare)}
}Also available for these jurisdictions:
Frequently Asked Questions
A Lasting Power of Attorney (LPA) for Health and Welfare and an advance directive (also called a living will or advance decision to refuse treatment under sections 24–26 of the Mental Capacity Act 2005) are both ways of planning ahead for a loss of mental capacity, but they work differently. An LPA appoints one or more named individuals (attorneys) to make health and welfare decisions on your behalf if you lose mental capacity — it gives decision-making authority to another person. An advance directive, by contrast, is a personal statement of your own wishes, typically recording specific treatments you wish to refuse in defined circumstances. An advance decision to refuse treatment is legally binding on healthcare professionals under section 26 of the Mental Capacity Act 2005 if it is valid and applicable to the circumstances. An LPA gives broader discretionary authority to your attorneys to make decisions in your best interests at the time — they are not merely implementing your advance wishes but exercising independent judgment guided by your values and preferences. The two instruments can coexist and complement each other: an LPA grants your attorneys authority to make welfare decisions while an advance decision provides binding instructions on specific treatments. If there is a conflict between a valid and applicable advance decision and the instructions of an LPA attorney, the advance decision prevails — but only if it was made after the LPA was signed (section 25(2)(b) of the Mental Capacity Act 2005).
The Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice, is responsible for registering Lasting Powers of Attorney in England and Wales. The registration process involves several built-in safeguards against fraud, coercion, and abuse. When the completed LPA instrument is submitted for registration (by the donor or an attorney), the OPG checks that the instrument complies with the formal requirements of Schedule 1 to the Mental Capacity Act 2005 — including that the certificate provider has signed the certificate and that named persons (if any) have been notified. Named persons (up to five individuals specified by the donor in the LPA) receive an LP3 form informing them that an application to register the LPA has been made. They then have three weeks to raise objections with the OPG. Objections may be made on factual grounds (such as that the instrument is not properly executed) or on prescribed grounds (such as that the donor lacks or lacked capacity at the time, or that fraud or undue pressure was used to induce the donor to create the LPA). The OPG may also investigate safeguarding concerns — including where it receives information suggesting an attorney is misusing their authority. Attorneys who abuse their position may be removed by the Court of Protection under section 22 of the Mental Capacity Act 2005, and may face criminal prosecution under the Fraud Act 2006 or the Mental Capacity Act 2005 itself (which creates criminal offences of ill-treatment and wilful neglect of a person who lacks capacity).
An attorney under a Health and Welfare Lasting Power of Attorney can only make decisions about giving or refusing consent to life-sustaining treatment if the LPA expressly authorises this. This requirement is set out in section 11(8) of the Mental Capacity Act 2005, which provides that the authority conferred by a Health and Welfare LPA does not extend to consent to or refusal of life-sustaining treatment unless the instrument contains express provision to that effect. In the official LP1H form, this is addressed in Section 5, which requires the donor to choose between two options: Option A, in which the donor expressly gives their attorneys authority to give or refuse consent to life-sustaining treatment; and Option B, in which the donor restricts their attorneys' authority so that they cannot make decisions about life-sustaining treatment (leaving those decisions to the treating healthcare team acting in accordance with the best interests test under section 4 of the Mental Capacity Act 2005). Life-sustaining treatment is defined by section 4(10) of the Act as treatment which, in the view of a person providing healthcare, is necessary to sustain life — this includes resuscitation, artificial ventilation, artificial nutrition and hydration, certain antibiotics, and organ transplantation. Neither option is right or wrong in itself; the choice is deeply personal and depends on the donor's values, beliefs, and medical circumstances.
If you lose mental capacity in England and Wales without having a registered Lasting Power of Attorney or other prior arrangement in place, your family members and loved ones will have no automatic legal authority to make decisions about your medical treatment or personal welfare. This means that decisions about your care will be made by the healthcare professionals treating you, guided by the 'best interests' framework in section 4 of the Mental Capacity Act 2005 and the duty to consult those close to you about your wishes, feelings, and values. While family members will generally be consulted, they cannot override clinical decisions. In more complex or disputed cases — for example, where family members disagree about treatment or where there is a decision about withdrawing life-sustaining treatment — the matter may go to the Court of Protection. The Court of Protection has jurisdiction under Part II of the Mental Capacity Act 2005 to make decisions on behalf of people who lack capacity and to appoint a deputy to make ongoing decisions. Applying for a deputyship is significantly more expensive, time-consuming, and administratively burdensome than creating an LPA in advance. Deputyship applications typically cost several thousand pounds in legal and court fees and take six to twelve months to process, compared with a registration fee of £92 for an LPA and a processing time of eight to twelve weeks.
A certificate provider is a mandatory safeguard for any Lasting Power of Attorney under Part 1 of Schedule 1 to the Mental Capacity Act 2005. The certificate provider must sign Part B of the LPA instrument, certifying that, in their opinion: the donor understands the purpose of the LPA and the scope of the authority conferred; no fraud or undue pressure has been used to induce the donor to create the LPA; there is nothing else that would prevent the LPA from being created. The certificate provider must fall into one of two categories. A person-based certificate provider is someone who has known the donor personally for at least two years — this is a personal relationship, not a professional one, and excludes family members and those connected to the attorneys. A knowledge-based certificate provider is a professional with relevant expertise, including: a registered medical practitioner (GP, hospital doctor, or psychiatrist); a solicitor or barrister; a registered social worker; or an independent mental capacity advocate (IMCA). There are strict restrictions on who cannot be a certificate provider: they cannot be a family member of the donor or any attorney; a business partner or employee of the donor or an attorney; the owner, director, manager, or employee of a care home where the donor lives; a beneficiary of the donor's will or any trust of which the donor is a settlor; or any other attorney named in this or any other LPA for the donor.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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