Health & Care LPA Solicitors

A Health & Care (formerly Health & Welfare) Lasting Power of Attorney (LPA) allows the appointed attorney(s) to make decisions around the donor’s (the person who made the LPA) medical and daily personal needs from washing, dressing and eating, right through to moving to a nursing home, and even relating to life sustaining treatment.

Unlike a Finance LPA (which can be used as soon as it is registered), a Health & Care LPA can only be used by the appointed attorney(s) if the donor has lost capacity.

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How much does a Health & Care LPA cost?

QLAW charges just £250 (+VAT) for a Health & Care LPA. That includes everything from drafting the forms for you, to being your Certificate Provider, to lodging the LPA with the Office of the Public Guardian (OPG) where it is formally registered.

Any Court fee is payable by you separately as a ‘disbursement’. This is payable whether you use a solicitor to deal with the LPA or not.

LPA Services

Finance and Property LPA
Health and Care LPA
Certificate Provider
Attorney Services

A Health & Welfare LPA gives your attorney(s) power to make decisions about your daily routine (such as washing, eating, dressing), medical care, moving into a care home and life-sustaining treatment.  It can only be used if you’ve lost mental capacity and are unable to make your own decisions. 

To get a Health & Welfare Lasting Power of Attorney (LPA) you will need to complete a form LP1H.  You will of course need to decide on who will be your attorney(s), and you will also need someone to act as your “certificate provider” (someone who knows you or a professional who can certify that you know what you’re doing, the implications of the LPA and that no one is forcing you to do it) and an independent witness.  You will then need to send the signed form to the Office of the Public Guardian and pay the registration fee of £82.

As at summer 2022 the registration fee for a Lasting Poer of Attorney is £82 payable to the Office of the Public Guardian. 

Enduring Power of Attorney (or EPA) were in place before the Lasting Power of Attorney (LPA) system.  They (EPA) only cover decisions about finances and property (like the Property & Financial LPA). They do not cover health and welfare decisions. 

Yes, Enduring Power of Attorney executed when that system was current remain valid.  You can no longer make an EPA however. 

An attorney under a Health & Welfare LPA can NOT:- 

  • Make decisions about your finances & property (unless they’re also your named attorney under a Property & Finance LPA) 
  • Demand specific forms of treatment on your behalf 
  • Refuse basic care for you
  • Refuse life-sustaining treatment on your behalf, unless you’ve given them specific authority to do so in your LPA 

Yes, the Health & Welfare LPA provides specific option to permit your attorney to refuse life sustaining treatment on your behalf.  It must however be specifically granted to the attorney. 

If the Health & Welfare LPA does not grant the attorney specific power to refuse life sustaining treatment then it will be a decision that the treating medical team will make. 

No, doctors do NOT have to follow the attorney’s view.  Circumstances in which this might happen may include if the medical team believe the attorney is not acting in the donor’s best interest, or if the attorney has not been given the authority to make a particular decision or if there is an Advanced Decision (also known as Living Will) which overrides the contents of the LPA.

If the donor made an Advanced Decision AFTER you were appointed as their attorney, you can’t override the decisions made in their Advanced Decision. However, if a decision needs to be made about something that’s not mentioned in the Advanced Decision, then the attorney is still able to act. 

If the donor made an Advanced Decision BEFORE making an LPA, then whichever was made more recently take priority if they deal with the same decisions. 

As an attorney your legal responsibility is to act in the donor’s best interest and taking reasonable care when making decisions on their behalf.  You must act in accordance with the LPA and the powers/ restrictions contained within the LPA.  You must help the donor make decisions where possible rather than simply making decisions on their behalf or taking control. 

An attorney must always act in the best interest of the Donor – the person who made the LPA. You must help the Donor reach their own decisions first.  If they are not able to then you can make the decision.  You must follow any instructions or restrictions contained in the LPA.  Attorneys should take into consideration the preferences that that Donor has made. 

Under the health and welfare Lasting Power of Attorney Attorneys can only act once the Donor has lost capacity.  When starting to use the LPA the Attorney much inform people involved in the Donor’s care, such as doctors, carers, family and friends. 

If you have more questions about Health & Welfare Lasting Power of Attorney (LPA) do get in touch with our team of expert solicitors.  You can email them at or call on 03300 020 365.

How much does an LPA cost?

Finance LPA

  •   Draft all forms
  •   Certificate Provider
  •   Submit to court

Health & Care LPA

  •   Draft all forms
  •   Certificate Provider
  •   Submit to court

Certificate Provider

  •   DIY LPA
  •   Certificate Provider only

Deputy Application

  •   Application to the court of protection for the appointment of a Deputy

Attorney Services

  •   Professional Attorneys





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Contact our LPA Solicitors

Our expert Lasting Power of Attorney solicitors can help with everything from LPA’s, to being Certificate Provider, through to applications to be appointed as Deputy. So reach out today, we’re looking for helping you really soon!