Checklist for Health and Welfare Attorneys

Many people who are appointed as Health and Welfare Attorneys find it confusing to know when and how they should use their powers. Every person’s situation will be different but here’s a checklist to help you get started.

Health and Welfare LPA Checklist

Lasting Powers of Attorney for Health and Welfare give authority to make decisions about medical treatment and the type of care the Donor receives as well as their general well-being.

Remember –

  • You can only use the powers under a health and welfare LPA if the Donor is mentally incapable of making the specific decision that is required.
  • Some decisions/actions are always outside the authority of a health and welfare attorney e.g. decisions about marriage, divorce, electoral choices etc.
  • Any decisions or actions on behalf of a Donor must be in their best interests.
  • Medication, stress, trauma, bereavement can all have an effect on a person’s opinions about their own health and welfare.


#1  Has the Lasting Power of Attorney been registered?

#2  Has the Donor’s GP been notified about the LPA for Health and Welfare ?

#3  Has the Donor completed an Advanced Care Plan (for end of life care)?

#4 Does the LPA authorise you to have access to the Donor’s medical records?

#5 Is there a Do Not Resuscitate notice on the Donor’s medical records?

#6  Has the Donor previously made an Advance Decision?

#7 Are you recording the steps you’re taking to help the Donor make decisions him/herself

#8  Have you read the Mental Capacity Act 2005 Code of Practice?

#9 Have you notified social services of your appointment as attorney?

#10 Have you checked the details of any contracts with a care provider/care home?