{"id":7914,"date":"2026-10-09T22:55:47","date_gmt":"2026-10-09T22:55:47","guid":{"rendered":"https:\/\/www.visiting-angels.co.uk\/cheshire-east\/?p=7914"},"modified":"2026-10-09T23:11:05","modified_gmt":"2026-10-09T23:11:05","slug":"health-and-welfare-power-of-attorney","status":"publish","type":"post","link":"https:\/\/www.visiting-angels.co.uk\/cheshire-east\/health-and-welfare-power-of-attorney\/","title":{"rendered":"The power of attorney most families forget"},"content":{"rendered":"\t\t
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Quick summary<\/b><\/h3>

There are two lasting powers of attorney, not one. Most people set up the property and financial affairs LPA through a bank or solicitor and never do health and welfare, which is the one that matters when decisions about care get made. Each costs \u00a392 to register and takes 8 to 10 weeks.<\/span><\/p>

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The two types<\/b><\/h3>

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Property and financial affairs<\/b><\/p><\/th>

Health and welfare<\/b><\/p><\/th><\/tr><\/thead>

Covers<\/b><\/p><\/td>

Bank accounts, bills, pensions, benefits, investments, selling the house<\/span><\/p><\/td>

Daily routine, medical treatment, where the person lives, and the type of care they receive<\/span><\/p><\/td><\/tr>

Can be used<\/b><\/p><\/td>

As soon as it is registered, with the person’s permission<\/span><\/p><\/td>

Only when the person is unable to make that decision themselves<\/span><\/p><\/td><\/tr>

How often it gets made<\/b><\/p><\/td>

Very commonly<\/span><\/p><\/td>

Far less often<\/span><\/p><\/td><\/tr>

When it matters most<\/b><\/p><\/td>

Managing money as capacity declines<\/span><\/p><\/td>

Every conversation about care, hospital discharge and where someone lives<\/span><\/p><\/td><\/tr><\/tbody><\/table>

Source: <\/span>GOV.UK, Make, register or end a lasting power of attorney<\/span><\/a>.<\/span><\/p>

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Why the second one gets skipped<\/b><\/h3>

Usually because of how people come to it. Someone sets up an LPA while making a will, or after a bank suggests it, and the conversation is about money. The health and welfare one sounds like something for later, and later is the exact point at which it can no longer be made.<\/span><\/p>

There is also a reasonable assumption underneath it: that as next of kin you will be consulted about care anyway. You will be listened to. You will not have the legal authority to decide.<\/span><\/p>

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What difference it actually makes<\/b><\/h3>

Three situations where families discover the gap, usually at the worst moment.<\/span><\/p>

Hospital discharge.<\/b> A ward is planning a discharge you think is unsafe, or is proposing a care home place. Without a health and welfare LPA, your view is a relative’s opinion to be taken into account. With one, and where the person lacks capacity for that decision, you are the decision maker.<\/span><\/p>

Our <\/span>guide to hospital discharge<\/span><\/a> covers how fast those 48 hours move.<\/span><\/p>

Choosing care.<\/b> Whether someone stays at home with support or moves into a care home is a health and welfare decision, and it is the biggest one most families face.<\/span><\/p>

Medical treatment.<\/b> If the LPA is drafted to include it, an attorney can give or refuse consent to treatment on the person’s behalf when they cannot decide. There is a specific section about life-sustaining treatment which has to be completed deliberately.<\/span><\/p>

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What an attorney cannot do<\/b><\/h3>

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