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Lasting Power of Attorney for Health and Welfare

A completed health and welfare LPA worked example recording attorneys, preferences, instructions, prescribed execution and registration.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# LASTING POWER OF ATTORNEY FOR HEALTH AND WELFARE

Date: 27 June 2031

Parties: Margaret Ellis, Daniel Ellis and Noor Patel

## 1. Purpose and parties

Margaret Ellis, aged 72 and living in Bristol, makes this lasting power of attorney for health and welfare. She appoints her son Daniel Ellis and friend Noor Patel as attorneys, jointly and severally, so either may act, while asking them to consult one another and involve Margaret whenever she can participate.

## 2. Facts, scope and terms

The authority covers decisions about Margaret's care, where she lives, daily routine, healthcare and life-sustaining treatment, but only when the statutory conditions permit an attorney to act. Margaret states a preference for remaining near Bristol and an instruction that attorneys must consider her written advance statement and religious wishes.

## 3. Process and responsibilities

Margaret instructs attorneys to use the least restrictive option, seek professional views, share relevant information and keep a record of significant decisions. She prefers vegetarian meals, familiar music and visits from her sister. Daniel and Noor must not demand a particular treatment, override a valid advance decision or act for their own benefit.

## 4. Evidence, records and safeguards

The prescribed LPA form records Margaret's details, attorneys, replacement arrangements, certificate provider and witnesses. Margaret confirms she understands the nature and effect of the power, is not under pressure and has capacity when signing. Attorneys sign their sections with the required witness formalities and read their duties.

## 5. Review, escalation and outcome

The completed instrument must be registered with the Office of the Public Guardian before attorneys use it. The OPG may notify named people and accepts objections through its process. Registration does not prove every future decision is right; attorneys remain subject to the Mental Capacity Act 2005 principles and supervision.

## 6. Reservations and practical protections

Margaret can revoke the LPA while she has capacity by the prescribed process and must notify the OPG. The LPA does not authorise property and financial decisions, give a clinician an automatic instruction or guarantee a care placement. Attorneys should seek advice about deprivation of liberty, disputes or safeguarding.

## 7. England and Wales law and completion

England and Wales law applies. Margaret signs on 27 June 2031 in the prescribed sequence before independent witnesses; Daniel, Noor and the certificate provider complete their sections. The application is sent to the Office of the Public Guardian with the fee and a copy is retained securely.

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