The Lasting Power of Attorney for Health and Welfare — appoints attorneys to make decisions about the donor's care, medical treatment, and where they live, once they have lost capacity.

When does LP1H take effect?

Only after the donor has lost mental capacity to make the relevant decision themselves. This is different from LP1F, where the donor can choose earlier activation.

Can the attorney refuse life-sustaining treatment?

Only if the donor explicitly granted that power in Section 5 of the form. Default is 'no' — the attorney cannot refuse life-sustaining treatment without express authority.

Do I need both LP1F and LP1H?

Most donors benefit from both — LP1F covers money, LP1H covers care decisions. They are independent and can have different attorneys or different powers.

Does LP1H cover everyday care?

Yes — where the donor has lost capacity for the relevant decision. Includes day-to-day care, diet, social activities, and decisions about moving home or entering residential care.

Form LP1H — Lasting Power of Attorney Health & Welfare 2026 Guide

An LP1H is not only about the end of life. It is the document that lets a family member refuse a discharge to a care home that is wrong for the patient, insist on proper pain management, and make a thousand smaller decisions that the NHS and social care machine will otherwise make by default.

Pair LP1H with LP1F. Most donors want both — money and care — covered by the people they trust.

What LP1H covers

Where the donor lives (including whether to move to a care home)
Day-to-day care — diet, dress, routine
Medical treatment decisions (including, if granted, refusing life-sustaining treatment)
Social activities and contact with others

When it takes effect

Only when the donor lacks capacity to make the specific decision in question. Capacity is decision-specific under the Mental Capacity Act 2005 — a donor may have capacity to choose today’s meal but not whether to sell the house.

The life-sustaining treatment question

Section 5 of LP1H contains an option:

Option A — attorneys can give or refuse consent to life-sustaining treatment
Option B — attorneys cannot give or refuse consent to life-sustaining treatment (it remains with doctors, applying best interests)

Choose carefully. Option A transfers a profound responsibility. Option B keeps the clinical team in the driving seat on end-of-life decisions. Many donors choose Option B and draft a separate Advance Decision under the Mental Capacity Act 2005 to cover specific refusals (ventilation, tube feeding, CPR).

Instructions and preferences

Instructions (binding) and preferences (to consider) work identically to LP1F. Useful examples:

Instruction: “My attorneys must not consent to long-term residential care without first exploring in detail the option of home care with professional support.”
Preference: “I would like to remain in my own home for as long as practicable.”
Preference: “I would like my Catholic faith respected — last rites available if appropriate.”

Let Chris draft this for you

Tell Chris what you want to achieve. Upload your documents. Chris produces court-ready drafts to the Litigant Standard™ — whichever form, whichever jurisdiction. You review every line. You sign. You file. The court sees your name. The standard it sees is the Litigant Standard.

Start — £30 Or Pro £88 for whole-case →

Attorneys — jointly or severally

Same choices as LP1F. Health and welfare decisions can be time-critical — jointly-and-severally is often more practical than jointly. Joint attorneys must all consent before any decision; if one is abroad or uncontactable, nothing happens.

LP1H cannot override the doctors

An attorney cannot demand treatment the clinical team considers clinically inappropriate. The attorney decides between options offered by doctors — they do not mandate treatment. For refusals, the attorney’s authority is higher, especially with Option A selected.

Advance Decisions — a companion document

An Advance Decision to Refuse Treatment (ADRT) under MCA 2005 ss.24–26 is separate from the LPA. An ADRT refuses specific treatments in specific circumstances. Written, signed, witnessed (where it covers life-sustaining treatment). Chris drafts ADRTs alongside LPAs — £30 per document.

Registration and signing

Same as LP1F — donor first, certificate provider, attorneys, replacement attorneys, then register with OPG. £82 fee. 20-week processing. Same fee-exemption mechanics via LPA120A.

Can Chris draft LP1H?

Yes. Tell Chris: who the donor is, who the attorneys are, Option A or B on life-sustaining treatment, any instructions about residential care, faith, daily life. Chris drafts LP1H complete with signature layout and registration cover letter. Pair with LP1F and an ADRT — one estate plan, all documents to the Litigant Standard, drafted in hours.

Prepare to win. Plan not to fail.

An LP1H is a gift to your family — it means the people who love you, and know you, speak for you. Draft it while you still can. Chris drafts to the standard that makes the form unquestionable.