Have you considered who would make decisions about your health and welfare if you were unable to? A Health and Welfare Lasting Power of Attorney (LPA) ensures that your wishes are followed and that someone you trust makes decisions on your behalf.
At Keily Legal in Billericay, we specialize in helping individuals and families set up Lasting Powers of Attorney to safeguard their future. In this article, we explain why a Health and Welfare LPA is essential, how it works, and what happens if you don’t have one in place.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint a trusted person (your attorney) to make decisions on your behalf if you lose mental capacity due to illness, accident, or old age.
There are two types of LPAs:
Property and Financial Affairs LPA – Covers financial decisions, including managing bank accounts and selling property.
Health and Welfare LPA – Covers decisions about medical treatment, living arrangements, and daily care.
This article focuses on the Health and Welfare LPA—why it’s crucial and what happens if you don’t have one.
What Can an Attorney Decide with a Health and Welfare LPA?
With a Health and Welfare LPA, your attorney can make key decisions about your:
Medical and dental care – Choosing treatments, procedures, and healthcare providers.
Daily care – Decisions about diet, exercise, and personal care.
Living arrangements – Deciding if you stay at home or move into care.
Life-sustaining treatment – Granting or refusing treatments that could prolong your life.
You can also include specific preferences (non-
Examples of Preferences:
“I prefer to live within 5 miles of my sister.”
“I would like regular haircuts and manicures.”
Examples of Instructions:
“I must only be given vegetarian food.”
“I must not be moved into a care home unless a doctor confirms I cannot live independently.”
When Does a Health and Welfare LPA Take Effect?
Unlike a Property and Financial Affairs LPA, which can be used while you still have mental capacity, a Health and Welfare LPA only takes effect when you lose capacity.
This ensures that your attorney can only make decisions if you are unable to do so yourself, protecting your independence for as long as possible.
What Happens If You Don’t Have a Health and Welfare LPA?
Many people assume that family members can automatically make decisions if they lose capacity—but this is not true. Without an LPA:
Your family or friends won’t have automatic authority to make decisions about your care or treatment.
Social services or doctors may decide where you live and what care you receive.
You could be given medical treatments against your wishes, such as resuscitation or life-sustaining treatment.
Family members may disagree on what’s best, leading to legal disputes.
A Health and Welfare LPA ensures your voice is heard, even when you cannot speak for yourself.
How to Set Up a Health and Welfare LPA
Setting up an LPA is straightforward, but it’s important to get it right. At Keily Legal in Billericay, we provide expert guidance to ensure your LPA is legally valid and reflects your wishes.
Step 1: Choose Your Attorney
Select someone you trust to act in your best interests—this could be a spouse, child, close friend, or professional.
Step 2: Define Preferences & Instructions
Decide what preferences and instructions you want to include in your LPA.
Step 3: Complete & Register the LPA
Your LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
Current Registration Fee: £82 per LPA (fee reductions available for low-income applicants).
Processing Time: Up to 20 weeks, so apply as soon as possible.
What If You Lose Capacity Without an LPA?
If you lose mental capacity without an LPA in place, your loved ones will have to apply to the Court of Protection to become your Deputy—a process that:
Takes 6+ months and delays urgent decisions.
Costs significantly more than setting up an LPA in advance.
Leaves decisions to a judge, rather than someone you trust.
A Health and Welfare LPA is the simplest, most affordable way to protect your future.
Why Choose Keily Legal for Your LPA in Billericay?
At Keily Legal, we make the LPA process easy, affordable, and legally secure.
Expert Guidance – We ensure your LPA is legally sound and tailored to your needs.
Fixed Fees – No hidden costs, just straightforward legal support.
Local & Trusted – Based in Billericay, serving Essex & surrounding areas.
Hassle-Free Process – We handle all paperwork & registration with the Office of the Public Guardian.
Call Keily Legal on 01277841152 for a FREE consultation today!
Visit our website KEILY.LEGAL to learn more or book an appointment in Billericay.
Protect your future—don’t wait until it’s too late. Get your Health and Welfare LPA in place today! 
