Can an Attorney Make Medical Decisions?

24th October 2025

Updated: Tuesday 20th January 2026

Can an Attorney Make Medical Decisions? This is a question many people ask when they start thinking seriously about future healthcare decisions. In everyday terms, a Medical Power of Attorney describes a legal arrangement that allows someone you trust to make medical and care decisions on your behalf if you cannot do so yourself. In England and Wales, this is formally known as a Health and Welfare Lasting Power of Attorney, and understanding how it works is a vital part of planning ahead and protecting your wishes.

What is a Medical Power of Attorney in the UK?

A Medical Power of Attorney is the everyday term for a Health and Welfare Lasting Power of Attorney.

It allows you, known as the donor, to appoint one or more trusted people, called attorneys, to make decisions about your health, care, and daily wellbeing if you lose mental capacity. This ensures your wishes are respected when you can no longer communicate or decide for yourself.

What decisions does a Health and Welfare LPA cover?

A Health and Welfare LPA can cover a wide range of personal and medical decisions, including:

• Where you live and the care you receive
• Your daily routine, diet, and personal care
• Medical treatments, tests, and surgery
• Care home arrangements
• Whether life sustaining treatment should be given or refused

You can give your attorney broad authority or limit their powers with specific instructions. This flexibility allows the document to reflect your personal values and preferences.

When can a Medical Power of Attorney be used?

A Health and Welfare LPA can only be used when two conditions are met.

First, it must be registered with the Office of the Public Guardian. Second, you must have lost mental capacity to make the relevant decision yourself.

Until then, you remain fully in control of your own healthcare. Your attorney cannot override your choices while you have capacity.

What happens if you do not have a Health LPA?

If you lose mental capacity without a Health and Welfare LPA, doctors and care professionals will make decisions in your best interests.

While they will always aim to act appropriately, they may not know your personal wishes, beliefs, or preferences. Family members also have no automatic legal right to decide on your behalf, which can lead to delays, stress and disagreement.

A Medical Power of Attorney removes this uncertainty by giving clear legal authority to someone who knows you well.

Who should you choose as your medical attorney?

The best attorney is someone you trust completely, who understands your values and can make calm decisions under pressure.

They should be willing to speak up for you, communicate with professionals and follow your wishes even if they find decisions emotionally difficult. Many people choose a partner, adult child or close friend.

How do you set up a Medical Power of Attorney?

Creating a Health and Welfare LPA involves four main steps:

• Complete the LPA form, online or on paper
• Choose your attorney or attorneys
• Have the document signed and witnessed correctly
• Register it with the Office of the Public Guardian

Using an online service such as Power of Attorney Online helps ensure the form is completed accurately and reduces the risk of delays or rejection.

Why is a Medical Power of Attorney so important?

From professional experience, Health and Welfare LPAs provide clarity at some of the most difficult moments in life. They reduce stress for families, support healthcare professionals and ensure decisions are made in line with your wishes.

A Medical Power of Attorney is not about giving up control. It is about protecting your future wellbeing and giving guidance to those who may one day need to speak for you.