Lasting Power of Attorney for Health and Welfare –
​Why It Matters for NHS Continuing Healthcare

Newsletter 4
Published 6th November 2025​

​(Please scroll down for download)

The Mental Capacity Act 2005 quietly underpins almost every decision made in NHS Continuing Healthcare (CHC). It governs how decisions are made for someone who can no longer make them for themselves — and it’s the same law that introduced the Lasting Power of Attorney (LPA), replacing the old Enduring Power of Attorney in 2007.
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Under this legislation, any adult can appoint one or more trusted individuals to act on their behalf if they lose mental capacity. Each LPA includes a certificate signed by an independent person confirming that the donor understood what they were doing and acted freely. Once registered with the Office of the Public Guardian (OPG), the LPA becomes legally valid, and attorneys are bound to act only in the donor’s best interests.

Did you know?
An LPA safeguards decision-making during life — not after death. It ensures that, if capacity is lost, the people you trust can continue to act on your behalf without delay or court intervention.

Registering and Verifying an LPA
Before an LPA can be used, it must be registered with the Office of the Public Guardian. The registered document is returned with a green stamp on each page confirming its authenticity.
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Since 1 January 2016, LPAs registered in England and Wales can also be verified online through the GOV.UK service “Use a lasting power of attorney.” Attorneys can generate a secure 13-character access code (beginning with “V”) to share with an organisation — such as a bank, utility company, GP practice, or hospital — enabling staff to confirm, via the companion “View a lasting power of attorney” service, that the LPA exists and remains valid.

ARROW Tip
Registration makes an LPA valid in law — certification makes it usable. A certified copy is what health and social care organisations will ask for when proof of authority is needed.

Why ARROW Uses Certified Copies
At ARROW Continuing Healthcare Consultants, we rely on certified copies of the Health and Welfare LPA when representing clients. This approach ensures clarity, compliance, and continuity throughout what is often a lengthy and complex process.
CHC applications and appeals can last for many months and involve several organisations. Staff change, documents move between departments, and digital access codes — which expire every 30 days — must be renewed repeatedly. Certified copies remain valid indefinitely and are accepted across all NHS and social care settings.

How to Get a Legally Certified LPA

So how do you get a legally certified copy of a Lasting Power of Attorney? It’s simpler than most people think. If the person who made the LPA still has mental capacity, they can certify copies themselves.

On every page, they should write:
“I certify this is a true and complete copy of [the corresponding page] of the original document.”

On the final page, they add:
“I certify this is a true and complete copy of the original document.”

Each page must be signed and dated in ink — ideally on the same day — and the handwriting should be clear and consistent.

If the donor no longer has capacity, a solicitor, notary public, or someone authorised to administer oaths can certify copies instead. Many high-street solicitors offer this service for a modest fee, and it’s usually done while you wait.
It’s also worth keeping a few certified copies ready. You may need to send them to GP surgeries, hospitals, or social-care teams, and having spares avoids unnecessary delays.

Certified copies give you proof of authority that’s instantly usable — no digital codes, no waiting, just clear evidence that stands wherever your case goes next.

Certified Copies
Certified copies remove barriers. They’re accepted everywhere, don’t expire, and ensure your CHC case continues smoothly even if staff or departments change.
 
Need help?
If you’re unsure where to begin with NHS Continuing Healthcare, book a free, informal chat with a real person at ARROW. We’ll help you make sense of the process and your next steps.

■ Book a phone call at a time convenient to you by clicking this link: Book A Quick Chat
■ Call or text: 07376 916536
■ WhatsApp or voice note: 07376 916536
■ Email: [email protected]
■ Visit: www.arrowchc.org
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You do not have to navigate this complex system alone — and your relative should not miss out on funding to which they may be legally entitled.

ARROW Continuing Healthcare Consultants offer independent, expert support to ensure families receive the funding they are legally entitled to. Contact us today for a confidential, no-pressure chat.

Contact Us

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If you’re navigating a complex care situation and feel unsure about your eligibility for NHS Continuing Healthcare, we’re here to help.
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Contact ARROW today for a confidential conversation about how we can support your application, appeal, or care review.

Contact Us

learn more about how arrow can support you with your claim

At ARROW, we provide expert guidance and hands-on support throughout the NHS Continuing Healthcare (CHC) process. We can:

✔️ Arrange an initial Checklist assessment for you or your loved one.
✔️ Fully prepare you for the Checklist and Decision Support Tool (DST) assessments.
✔️ Gain access to healthcare records (for relatives, a certified Power of Attorney or Court Deputyship Order is required).
✔️ Build strong evidence using medical and care records to support your case.
✔️ Draft evidence-based supporting statements for assessment and appeal panels.
✔️ Represent and advocate for you or your loved one at any stage of the process.
✔️ Manage appeals if you’ve been wrongly assessed as ineligible for CHC funding.

💡 If you believe you or your loved one may qualify for NHS Continuing Healthcare, don’t go through it alone--let ARROW guide you every step of the way!

📞 Contact us today for a FREE consultation!

You're in safe hands with ARROW

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