What decisions can it cover?
Government guidance gives examples including daily routine, medical care, moving into a care home and life-sustaining treatment.
The document does not give health and welfare attorneys authority over the donor's money. Financial decisions belong under a separate property and financial affairs lasting power of attorney.
When can health and welfare attorneys act?
This type can only be used when the donor is unable to make the relevant decision themselves. Mental capacity is decision-specific, so losing capacity for one decision does not automatically mean a person cannot make every other decision.
Attorneys must still support the donor to make their own decisions where possible and act in the donor's best interests.
Life-sustaining treatment needs a clear choice
The health and welfare form asks the donor to decide whether their attorneys should have authority to give or refuse consent to life-sustaining treatment.
This is an important personal choice. The document and signing process need to record it correctly.
Who should you appoint?
Attorneys must be at least 18 and have mental capacity. Many people choose a spouse, partner, adult child, relative or trusted friend.
Think about trust, communication, whether the person understands your wishes and whether they will be willing to make difficult decisions in your best interests.
Common questions
Questions people ask about this
Can my attorney make health decisions while I still have capacity?
No. A health and welfare attorney acts only when you cannot make the relevant decision yourself.
Does it cover bank accounts and bills?
No. Those matters are covered by a property and financial affairs lasting power of attorney.
Can I choose more than one attorney?
Yes. If you appoint more than one, you must specify how they are to make decisions.
Official guidance used for this guide
We use current Office of the Public Guardian and GOV.UK guidance as the primary reference for legal and registration information.
General information for England and Wales, not individual legal advice. Government rules, fees and processing times can change. Check current official guidance before registration.