Why a Health and Welfare Lasting Power of Attorney is just as important as a will

Many of us are diligent about setting up a Will, yet few consider who would make critical health decisions for them if they were incapacitated.
A will enables you to outline what will happen after death, but a Health and Welfare Lasting Power of Attorney activates if you are unable to make decisions yourself. It ensures that your values and preferences are honoured, even if you can’t express them yourself.

What is a Health and Welfare LPA?

A Health and Welfare LPA allows you (the donor) to appoint someone you trust (your attorney) to make decisions on your behalf if you lose the capacity to do so yourself. These decisions can cover:

• Medical treatment
• Where you live and who cares for you
• Daily routines, such as what you eat or wear
• Life-sustaining treatment decisions

Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA can only be used when you’re deemed to have lost mental capacity. Until then, you remain in control.
And it can be temporary – only being active while you are ‘out of action’ – when you have capacity to regain control, the attorneys can step down and won’t be able to make decisions on your behalf.

Why is a Health and Welfare Lasting Power of Attorney important?

You decide who makes medical choices

Without an LPA in place, decisions about your medical treatment or care could fall to healthcare professionals or even the court. While they must act in your best interests, they may not know your values or what you would have wanted. By making a Health and Welfare LPA, you decide who has the legal authority to speak for you.

Protect your wishes around life-sustaining treatment

You can give your attorney the power to make decisions about life-sustaining treatment such as resuscitation or being placed on a ventilator. This ensures your beliefs and preferences are respected at critical moments.

Ease the burden on loved ones

Being asked to make medical or care decisions during a crisis can be overwhelming. With an LPA in place, your loved ones won’t have to guess what you would have wanted or face legal barriers to help you. Instead, they’ll have clear authority and peace of mind.

Avoid delays in urgent situations

In emergencies, not having an LPA can delay decisions or prevent family members from being involved. With an LPA, your chosen attorney can act immediately, helping doctors and care providers make decisions without unnecessary delay or red tape.

Who needs a Health and Welfare LPA?

Accidents or sudden illnesses can affect anyone, regardless of age. A Health and Welfare LPA is about planning ahead, while you’re well so you stay in control even if the unexpected happens.

How Bridger’s Law can help

At Bridger’s Law, we don’t believe in one-size-fits-all solutions. When it comes to your Health and Welfare LPA, we take the time to understand your values, your concerns, and the people you trust the most.

We’ll explain your options clearly and sensitively, guide you through the forms, and make sure everything is properly prepared and registered.

Whether you’re planning for the future yourself or supporting a loved one, we’ll see you through with expertise, empathy, and care.

Get in Touch

A Health and Welfare LPA is one of the most important steps you can take to protect your dignity, your wishes, and your peace of mind.

Contact Bridger’s Law today to start the conversation and put the right protections in place for you and your family.

Business owners – Please take a look at our Business Lasting Power of Attorney Blog as it’s just as important to protect your business as well as yourself.