Can an LPA Include Life Sustaining Treatment Decisions?

29th December 2025

Planning for future medical care can feel uncomfortable, but it is one of the most important steps you can take to protect your wishes. A common question people ask when setting up a Lasting Power of Attorney is whether it can include decisions about life sustaining treatment. The answer is yes, but only in specific circumstances and only if it is set up correctly.

Below, we explain how life sustaining treatment works within a UK LPA, using clear questions and answers.

What Type of LPA Covers Life Sustaining Treatment?

Only a Health and Welfare Lasting Power of Attorney can include decisions about life sustaining treatment.

A Property and Financial Affairs LPA covers money and assets only. Decisions about medical treatment, care, and life sustaining treatment fall exclusively under a Health and Welfare LPA.

What Is Life Sustaining Treatment?

Life sustaining treatment refers to medical care designed to keep someone alive.

This can include treatments such as ventilation, resuscitation, feeding tubes, or other interventions used when a person cannot survive without medical support. The exact treatment depends on the medical situation and clinical advice.

Can I Allow My Attorney to Make Life Sustaining Treatment Decisions?

Yes, but you must make this choice explicitly when creating your Health and Welfare LPA.

The LPA form includes a specific section asking whether you give your attorney authority to accept or refuse life sustaining treatment on your behalf. You must actively choose either yes or no and sign that section. If you do not complete it correctly, your attorney will not have this power.

When Can an Attorney Use This Power?

Your attorney can only make health and welfare decisions once you have lost mental capacity.

Answer: As long as you can understand and communicate your own decisions, doctors will always consult you directly. The LPA only comes into effect if you are unable to decide for yourself.

How Does This Work With Doctors and the NHS?

Medical professionals must follow the Mental Capacity Act 2005.

If you lack capacity and your LPA is registered, doctors must consult your attorney and respect their authority, provided the decision is in your best interests. Your attorney must consider medical advice, your known wishes and any preferences you have recorded.

Is This the Same as a Living Will or Advance Decision?

No. A Health and Welfare LPA is different from an Advance Decision to Refuse Treatment.

An Advance Decision allows you to refuse specific treatments in advance. An LPA appoints a trusted person to make decisions at the time, based on circumstances. You can have both, but they must not conflict. If they do, the most recent valid document usually applies.

Why Is It Important to Be Clear About Life Sustaining Treatment?

Unclear instructions can lead to confusion, delays, or disagreements at a very emotional time.

By clearly stating your wishes and choosing a trusted attorney, you reduce stress for your loved ones and provide guidance to medical teams when decisions need to be made quickly.

Yes, an LPA can include life sustaining treatment decisions, but only through a Health and Welfare LPA and only if you clearly opt in. This choice gives your attorney the legal authority to act in line with your values, beliefs, and best interests when you cannot speak for yourself.

Power of Attorney Online helps you complete your LPA correctly, guides you through this important decision, and ensures your document is ready to protect you when it matters most.