An Advance Decision and Health & Welfare LPA is a legal document that allows you to state your medical wishes in advance and appoint someone you trust to make healthcare decisions for you if you are unable to do so yourself.
It is designed to protect your autonomy, reduce uncertainty for loved ones, and ensure your preferences are respected during serious illness or medical incapacity.
Without an advance directive, doctors and family members may be left guessing—or decisions may be made according to the standard legal process rather than your wishes.
An Advance Decision and Health & Welfare LPA can combine multiple healthcare planning tools into a single, comprehensive document.
In this case, it includes:
◆ Advance Decision – sets out your medical treatment preferences if you are unable to communicate, including end-of-life care and life-sustaining treatment
◆ Health & Welfare Lasting Power of Attorney – appoints a trusted person to make medical decisions on your behalf if you lack capacity
◆ Authority to Share Medical Information – allows healthcare providers to share your medical information with the people you name
Together, these elements ensure that your wishes are clearly documented, that someone has legal authority to act for you, and that medical professionals are permitted to share information when decisions need to be made.
A Advance Decision sets out your preferences for medical treatment if you are unable to communicate your decisions yourself.
It commonly covers instructions related to:
◆ Life-sustaining treatment
◆ Resuscitation (CPR)
◆ Ventilators and breathing assistance
◆ Artificial nutrition and hydration
◆ Pain management and comfort care
◆ End-of-life care preferences
A living will does not give decision-making authority to another person. Instead, it provides written guidance to doctors and healthcare providers.
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A Health & Welfare Lasting Power of Attorney allows you to appoint a trusted person (your attorney) to make medical decisions on your behalf if you cannot do so.
Your attorney may:
◆ Speak with doctors and medical staff
◆ Consent to or refuse treatments
◆ Make decisions consistent with your stated wishes
◆ Advocate for your care preferences
Although the terms are often used interchangeably, they are not the same.
◆ A Advance Decision states your treatment preferences
◆ An Advance Decision and Health & Welfare LPA is broader and usually includes multiple elements
An advance directive provides more complete protection because it combines written instructions with a person empowered to act on your behalf.
An advance decision and Health & Welfare LPA only becomes effective if:
◆ You are unable to make or communicate medical decisions
◆ A doctor determines you lack decision-making capacity
As long as you are capable, you remain in full control of your medical decisions.
Your attorney should be someone who:
◆ Understands your values and preferences
◆ Is willing to advocate for you
◆ Can handle difficult medical decisions calmly
◆ Is comfortable communicating with healthcare professionals
You should discuss your wishes openly with them before completing the document.
Before signing your advance decision and Health & Welfare LPA, review it carefully to ensure:
◆ Your instructions are clear and specific
◆ Your attorney is correctly named
◆ Any limitations or preferences are accurately recorded
◆ The document reflects your current values and wishes
Clarity reduces confusion and helps medical providers follow your instructions without hesitation.
Advance healthcare directives must be signed according to the legal requirements in England and Wales, which may include:
◆ Witness signatures
◆ Correct witnessing
◆ Restrictions on who may act as a witness
Improper signing can invalidate the document, so it’s important to follow your the legal requirements exactly.
Check our article regarding Witness Requirements
Once completed and signed:
◆ Keep the original in a safe but accessible place
◆ Give copies to your attorney
◆ Share copies with your primary care doctor and relevant medical providers
◆ Bring a copy with you when admitted to a hospital if possible
Medical professionals can only follow your directive if they know it exists.
Your healthcare wishes may change as your life, health, or beliefs evolve.
It’s recommended that you review your advance decision and Health & Welfare LPA:
◆ Every 2–3 years
◆ After major health changes
◆ After changes in relationships or personal values
Keeping it current ensures your care reflects who you are now—not who you were years ago.
An Advance Decision and Health & Welfare LPA is about control, clarity, and compassion.
By documenting your wishes and appointing someone you trust, you reduce uncertainty during medical crises and ensure decisions are made according to your values.
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