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Wills, lasting powers of attorney and healthcare decisions

When you or someone close to you has received life-changing news, trying to understand legal and healthcare documents can feel overwhelming. Planning ahead doesn’t mean that you need to complete every document at once.

Wills, lasting powers of attorney and healthcare decisions

If someone close to you has been prescribed ‘just in case’ medications, you may feel worried about what this means. You might wonder whether they are expected to become more unwell, whether the medicines will definitely be needed or whether you should give them yourself.

Wills, lasting powers of attorney and healthcare decisions

When you or someone close to you has received life-changing news, trying to understand legal and healthcare documents can feel overwhelming. Planning ahead doesn’t mean that you need to complete every document at once.

Each document has a different purpose, and it’s not always clear which ones relate to care, which are about money and property, and which only take effect after someone dies. A useful first step is to understand what each one does, talk about what matters to you and ask for medical or legal advice where needed.

This article explains the terms used in England and Wales. The law and the names of documents are different in Scotland and Northern Ireland.

Which documents can help you plan ahead?

In simple terms

  • a will says what should happen to your money, property and possessions after you die

  • a lasting power of attorney names someone who can make certain decisions for you during your lifetime

  • a DNACPR decision is about cardiopulmonary resuscitation, or CPR, only

  • an advance decision to refuse treatment lets you refuse specific medical treatments in particular circumstances in the future

  • an advance statement or care plan records your wider wishes, preferences and priorities for care

What is a will?

A will is a legal document that explains what should happen to your money, property and possessions after your death. It can name the people or charities you want to benefit, appoint executors to deal with your estate and say who you would like to care for children under 18.

A will only takes effect after you die. It does not give anyone authority to make decisions about your health, care or finances while you are alive.

A will must meet legal requirements to be valid. Consider getting professional advice if your circumstances are complicated, and make sure your executors or someone you trust knows where the original is kept.

Legal status: A legally valid will is legally binding after your death.

What is a health and welfare lasting power of attorney?

A lasting power of attorney (LPA) for health and welfare lets you choose one or more people, called attorneys, to make health and care decisions for you if you later cannot make a particular decision yourself.

Depending on the authority you give them, this can include decisions about medical care, where you live, your daily routine and life-sustaining treatment. It can only be used for a decision when you do not have the mental capacity to make that decision yourself.

Legal status: An LPA is a legal document that must be registered before it can be used.

What is a property and financial affairs lasting power of attorney?

A lasting power of attorney (LPA) for property and financial affairs lets your attorneys help with decisions about money and property. This might include paying bills, managing bank accounts, dealing with benefits or pensions, and buying or selling property.

This type of LPA can sometimes be used while you still have mental capacity, if it has been registered and you give permission. You can make either type of LPA or both. They are separate documents and must be registered before they can be used. 

Legal status: An LPA is a legal document that must be registered before it can be used.

What is a DNACPR decision?

DNACPR stands for ‘do not attempt cardiopulmonary resuscitation’. It tells healthcare professionals not to try resuscitation if the person’s heart or breathing stops.

It applies only to CPR. It does not mean that other treatment, nursing care, symptom relief, food, drink or comfort will automatically stop.

A DNACPR is a clinical decision recorded by the healthcare team, ideally after discussion with the person or, if they cannot take part, with those close to them where appropriate. It is not the same as a will, an LPA or a general decision to stop treatment. 

Legal status: A recorded clinical decision, not a legal document in the same way as a will or LPA.

What is an advance decision to refuse treatment?

An advance decision to refuse treatment, sometimes called an ADRT or living will, lets you refuse a specific medical treatment in the future if you cannot make or communicate that decision at the time.

It needs to say which treatment you are refusing and the circumstances in which the refusal should apply. Extra legal requirements apply if it includes life-sustaining treatment. Because the wording matters, it is sensible to discuss it with a healthcare professional and consider legal advice.

An ADRT is different from an LPA. An ADRT records your own refusal of treatment. A Health and Welfare LPA gives chosen attorneys authority to make certain decisions for you. If you have both, ask for advice so they work together clearly.

Legal status: Legally binding if it is valid and applies to the circumstances.

What is an advance statement?

An advance statement records your preferences, wishes, beliefs and values about future care. It might include where you would prefer to be cared for, routines that matter to you, religious or spiritual wishes, or who should look after a pet.

An advance statement is not legally binding, but it should be taken into account if other people later need to make decisions in your best interests. It is different from an ADRT because it describes what you would like, rather than legally refusing a specific treatment.

Legal status: Not legally binding, but it must be taken into account when decisions are made in your best interests.

What about an end of life care plan?

An end of life care plan is made with the person and their healthcare team. It brings together information about their needs, symptoms, treatment, preferred place of care, important contacts and what matters most to them.

It may sit alongside an advance statement, ADRT, DNACPR or LPA, but it does not replace them.

For more information on end of life care plans, read our Support Hub article: What is an end of life care plan?

Legal status: Not usually legally binding; it records agreed care and preferences.

Are there other wishes worth recording?

You may also want to record practical and personal information for the people you trust. This could include

  • who should be contacted if you become seriously unwell

  • where important documents are kept

  • funeral, spiritual or cultural wishes

  • details needed to look after pets, your home or important belongings

  • a secure way for the right person to find essential account and digital information

These notes do not replace legal or medical documents, but they can reduce uncertainty. We have created My Wishes to help you record personal details and preferences in one place, so that the people close to you know what matters to you.

Find out more about our My Wishes Checklist.

Who should have copies?

A document can only help if the right people know it exists. Tell those close to you where important documents are kept. Give relevant health documents to your GP or care team, and make sure attorneys and executors know about their roles.

Review your plans if your health, relationships or wishes change. Do not write on or alter a signed legal document without checking the correct way to update it.

Where can I get help?

A GP, nurse or palliative care professional can help with care planning, DNACPR discussions and advance decisions. The Office of the Public Guardian provides official information about LPAs. A solicitor or regulated legal adviser can help with Wills, LPAs and more complicated circumstances.

You do not need to understand every document before you start planning ahead. Knowing what each one is for, telling people what matters to you and asking the right professional for help are meaningful first steps.

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