A health and welfare lasting power of attorney is a legal document that lets you appoint one or more people to make decisions about your care, medical treatment and daily living if you later lose the mental capacity to make those decisions yourself. It only comes into effect once you are no longer able to decide for yourself, which is the main way it differs from a property and financial affairs LPA.
This guide explains what a health and welfare LPA covers, who can make one, how the registration process works, and what it costs. It applies to England and Wales. Figures are current as at August 2026 and are subject to change, and this is general information rather than advice about your own situation.
What is a health and welfare LPA?
There are two types of lasting power of attorney in England and Wales: health and welfare, and property and financial affairs (gov.uk, as at August 2026, subject to change). A health and welfare LPA deals with decisions about your personal care and wellbeing. The person you appoint is called your attorney, and you are the donor. Once the document is registered with the Office of the Public Guardian and you have lost the capacity to decide for yourself, your attorney can step in and make welfare decisions on your behalf, following the principles of the Mental Capacity Act 2005.
Unlike a property and financial affairs LPA, a health and welfare LPA cannot be used while you still have capacity. It sits ready and takes effect only if and when it is needed.
What decisions does a health and welfare attorney cover?
A health and welfare attorney can make decisions about your day-to-day care and your medical treatment. According to gov.uk, this can include the following (gov.uk, as at August 2026, subject to change):
- Your daily routine, such as washing, dressing and eating
- Medical care and treatment
- Moving into a care home or other residential care
- Whether or not you receive life-sustaining treatment, if you give your attorney that specific authority in the document
Life-sustaining treatment is treated separately. When you make the LPA you choose whether your attorney can make those decisions, or whether they are left to doctors. That choice is recorded on the form.
Health and welfare LPA versus property and financial affairs LPA
The two types cover different ground and can be used at different times. Many people set up both, so that one person or group can look after their money and their care in a joined-up way. A property and financial affairs LPA can be used as soon as it is registered if you give permission, while a health and welfare LPA can only be used once you lack capacity (gov.uk, as at August 2026, subject to change).
| Health and welfare | Property and financial affairs | |
|---|---|---|
| Typical decisions | Care, medical treatment, where you live, daily routine | Bank accounts, bills, pensions, benefits, selling your home |
| When it can be used | Only when you lack mental capacity | As soon as it is registered, with your permission |
| Registration fee | £92 | £92 |
Source: gov.uk/power-of-attorney and gov.uk registration guidance, as at August 2026, subject to change. For the wider picture, see our guide to the lasting power of attorney.
Who can make a health and welfare LPA?
You can make a health and welfare LPA if you are aged 18 or over and have the mental capacity to make your own decisions at the time you make it (gov.uk, as at August 2026, subject to change). You do not need to be a UK resident or a British citizen. Because you need capacity to make the document, it is generally arranged in advance rather than at the point it is needed, which is why many people put one in place alongside a will.
Your attorney should be someone you trust to act in your best interests, such as a spouse, partner, adult child, other relative or a close friend. You can appoint more than one attorney and decide whether they must act together or can act separately. When you make the LPA an independent certificate provider confirms that you understand what you are doing and are not under pressure, which is one of the safeguards built into the process.
How to set up a health and welfare LPA
You can prepare and register an LPA yourself through the Office of the Public Guardian, or ask a professional to help. The broad steps are:
- Choose your attorneys and decide whether they act jointly or separately.
- Complete the LPA, recording your preferences and any instructions, and your decision on life-sustaining treatment.
- Have it signed and witnessed in the correct order by you, your attorneys and a certificate provider.
- Register it with the Office of the Public Guardian before it can be used.
Getting the signing order and the details right matters, because mistakes can mean the application is rejected and has to be corrected. Putting a health and welfare LPA in place often sits naturally alongside writing a will as part of the same conversation.
What does it cost and how long does it take?
It costs £92 to register each LPA with the Office of the Public Guardian, so registering both a health and welfare LPA and a property and financial affairs LPA costs £184 in total. Registration takes 8 to 10 weeks if there are no mistakes in the application. You may be able to apply for a 50% reduction if you earn less than £12,000 a year, or an exemption if you receive certain means-tested benefits such as Income Support (gov.uk, as at August 2026, subject to change).
| Item | Detail (August 2026) |
|---|---|
| Registration fee (per LPA) | £92 |
| Both LPAs together | £184 |
| Registration time | 8 to 10 weeks, if no mistakes |
| Fee reduction | 50% if you earn under £12,000 a year |
| Fee exemption | If receiving certain means-tested benefits |
| Repeat application | £46 within 3 months, for certain mistakes |
Source: gov.uk/power-of-attorney/register, as at August 2026, subject to change. Verify the current fee before you apply.
What happens if you do not have one?
If you lose mental capacity without a health and welfare LPA in place, your loved ones cannot automatically make care and treatment decisions for you. Someone may need to apply to the Court of Protection to be appointed as your deputy, which tends to take longer and cost more than putting an LPA in place in advance. In the meantime, decisions about your care are generally made by the relevant health or social care professionals in your best interests under the Mental Capacity Act 2005. A health and welfare LPA is one way to keep that choice with people you have chosen yourself, and it often forms part of planning for, limiting or mitigating the impact of care fees and later-life care.
Scotland and Northern Ireland
The health and welfare LPA described here is the system for England and Wales. Scotland has its own arrangement, a welfare power of attorney registered with the Office of the Public Guardian (Scotland). Northern Ireland has separate rules and, for health and welfare decisions, has historically relied on other mechanisms rather than an identical LPA. If you live in or have connections to more than one UK nation, it can be worth checking the position that applies to you.
- A health and welfare LPA covers care, medical treatment and where you live, and only takes effect once you lack capacity (gov.uk, subject to change).
- You must be 18 or over with mental capacity to make one (gov.uk, subject to change).
- Registration costs £92 and takes 8 to 10 weeks if there are no mistakes (gov.uk, subject to change).
- It must be registered with the Office of the Public Guardian before it can be used (gov.uk, subject to change).
Frequently asked questions
When can a health and welfare LPA be used?
A health and welfare LPA can only be used once you have lost the mental capacity to make a particular decision yourself. It cannot be used while you still have capacity, which is different from a property and financial affairs LPA that can be used as soon as it is registered with your permission (gov.uk, as at August 2026, subject to change).
How much does a health and welfare LPA cost?
It costs £92 to register a health and welfare LPA with the Office of the Public Guardian. You may qualify for a 50% reduction if you earn less than £12,000 a year, or an exemption if you receive certain means-tested benefits (gov.uk, as at August 2026, subject to change). Any fee charged by a professional to help prepare it would be separate.
How long does a health and welfare LPA take to register?
Registration with the Office of the Public Guardian takes 8 to 10 weeks if there are no mistakes in the application (gov.uk, as at August 2026, subject to change). Errors can lead to delay, so it is worth checking the form carefully before submitting it.
Can I make a health and welfare LPA for someone else?
No. An LPA has to be made by the person themselves while they still have mental capacity. If someone has already lost capacity and has no LPA, a relative or other person may instead apply to the Court of Protection to be appointed as a welfare deputy (gov.uk, as at August 2026, subject to change).
Do I need both types of LPA?
Not necessarily, though many people choose to set up both a health and welfare LPA and a property and financial affairs LPA so that their care and their finances are both covered. They deal with different decisions and can be used at different times. The right combination depends on your own circumstances.
Is a health and welfare LPA the same as a living will?
No. A health and welfare LPA appoints a person to make decisions for you, while a living will, more formally an advance decision, records specific treatments you want to refuse in future. They can work together, and it is generally worth understanding how any advance decision sits alongside an LPA before putting either in place.