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Essential Legal Documents Before Going Into Hospital (UK)

· 14 min

Note: The following scenario is fictional and used for illustration.

Emma, 42, was scheduled for emergency gallbladder surgery after three days of severe pain. A single mother to two children aged 8 and 11, she owned a £240,000 flat and had £30,000 in savings. As her surgeon explained the surgery risks, Emma realized with horror: she had no will, no one legally appointed to make medical decisions if something went wrong, and her ex-husband—who she'd been separated from for five years—would inherit everything under intestacy rules. Her children's guardianship would be decided by courts, not her wishes.

Emma's panic isn't unique. With 6.5 million emergency hospital admissions annually in England and 54% of UK adults lacking a will, thousands face surgery every day without basic legal protections. Whether you're scheduled for routine surgery or facing an unexpected hospital admission, four critical legal documents protect your family, your assets, and your healthcare wishes—and some can be completed in as little as 15 minutes.

This guide explains exactly what you need, why each document matters, and how to get them in place quickly before your hospital admission.

Table of Contents

With 18.4 million hospital admissions in England annually, including 6.5 million emergency admissions, hospital stays are far more common than most people realize. Yet 54% of UK adults have no will, leaving families vulnerable to legal complications at the worst possible time.

Most people think "it won't happen to me," but complications occur even in routine procedures. When they do, the Mental Capacity Act 2005 creates a legal framework for healthcare decisions—but only if you've prepared the right documents.

James, 38, went in for routine knee surgery. Anesthetic complications required life support decisions. His partner of 10 years had no legal authority to decide because they weren't married and James had no LPA. Doctors made "best interests" decisions while his partner watched helplessly from the waiting room.

Priya, 55, faced emergency appendectomy. She was unconscious for 48 hours. No one could access her bank account to pay her mortgage and utilities because she had no Property and Financial Affairs LPA. By the time she woke, two direct debits had bounced and her credit score had taken a hit.

Under the Mental Capacity Act 2005, healthcare professionals must respect advance decisions and LPAs when patients lack capacity to make their own decisions. But these documents only work if they exist before you need them.

The time to prepare isn't when you're wheeled into surgery. It's now.

Before any hospital admission, four documents protect your family, your assets, and your healthcare wishes:

Document 1: Will - Protects your estate, appoints guardians for children, and prevents intestacy rules from distributing your assets to people you may not choose.

Document 2: Health and Welfare LPA - Appoints someone you trust to make medical decisions on your behalf if you lack capacity.

Document 3: Property and Financial Affairs LPA - Allows someone to manage your finances, pay bills, and access accounts when you can't.

Document 4: Advance Decision to Refuse Treatment (ADRT) - Your legally binding refusal of specific medical treatments if you lack capacity in the future.

Here's how they compare:

Document Purpose Takes Effect Registration Required? Timeline Cost
Will Asset distribution after death Upon death No 15 min–4 weeks £99.99–£650+
Health & Welfare LPA Medical decisions when you lack capacity When you lack capacity Yes (OPG) 8 to 10 weeks £82
Property & Financial Affairs LPA Financial management Immediately or when you lack capacity Yes (OPG) 8 to 10 weeks £82
Advance Decision (ADRT) Refuse specific treatments When you lack capacity No Immediate Free

The right combination depends on your timeline and priorities. If surgery is imminent, prioritize your will and an Advance Decision. If you have 3+ months, add both LPAs for comprehensive protection.

Document #1: Your Will—Protecting Your Estate

Even for "minor" surgery, a will is non-negotiable. Without one, intestacy rules—not your wishes—determine who inherits everything you own.

What Happens Without a Will

Under intestacy rules, distribution follows a strict hierarchy that may not reflect your relationships or wishes:

  • Unmarried partners inherit nothing, regardless of relationship length
  • Married spouses receive the first £322,000 plus 50% of the remainder (if you have children)
  • Civil partners have the same rights as married spouses
  • Children under 18 cannot inherit directly—assets held in trust until they turn 18
  • No children? Your estate passes to parents, then siblings, then more distant relatives

Marcus and Julia had been together for 12 years, unmarried. They owned a £350,000 house as joint tenants. Marcus died during heart surgery without a will. Julia inherited the house (joint tenancy passes automatically), but Marcus's £80,000 savings and pension went to his estranged parents under intestacy rules. Julia received nothing from those assets.

Sarah, 34, had two children aged 4 and 7. She died from surgical complications with no will. Because she hadn't legally appointed guardians, her mother and ex-husband both applied for custody. The 18-month court battle cost over £40,000 in legal fees, and her children spent months in temporary care during the proceedings.

According to Which?, 51,258 letters of administration were issued in 2024—estates with no will requiring court-appointed administrators. That's a 40% increase since 2020, the highest figure since 2008.

What Your Will Should Include Before Surgery

Your will needs five essential elements:

  • Executors - Trustworthy people to administer your estate (at least two)
  • Beneficiaries - Who inherits what, with specific gifts named
  • Guardians for children under 18 - The only legal way to appoint guardians
  • Specific gifts - Sentimental items, property, cash amounts to named people
  • Residuary clause - Everything else not specifically mentioned

If you have children, naming guardians is perhaps the most critical decision. Courts decide guardianship if you don't, and their decision may not align with your wishes. Learn more about how to choose guardians for your children.

Without a will, intestacy rules may send your estate to distant relatives while the people who depend on you get nothing.

Document #2: Health and Welfare Lasting Power of Attorney

A Health and Welfare LPA appoints someone (your "attorney") to make healthcare decisions on your behalf when you lack mental capacity to make them yourself.

What It Covers

Under the Mental Capacity Act 2005, your attorney can make decisions about:

  • Consenting to or refusing medical treatment (including surgery)
  • Deciding where you receive care (hospital, care home, or home)
  • Daily care decisions (diet, daily routine, what you wear)
  • Life-sustaining treatment - but only if you specifically authorize this in the LPA

The Mental Capacity Act defines "lack of capacity" as inability to understand, retain, or weigh information needed to make decisions. This can result from anesthesia, post-surgical confusion, stroke, or any condition affecting cognitive function.

When It Activates

Crucially, a Health and Welfare LPA only takes effect when you lack capacity—not automatically upon hospital admission. You retain full decision-making authority as long as you have capacity.

David, 48, suffered a stroke during spinal surgery. He was unable to communicate for three weeks. His Health and Welfare LPA, registered six months earlier, allowed his sister to consent to further procedures, decide on his rehabilitation facility, and make daily care decisions. Without it, doctors would have made "best interests" decisions consulting family but giving them no legal authority.

The Registration Timeline Problem

Here's the critical limitation: LPAs must be registered with the Office of the Public Guardian before use. Registration currently takes 8 to 10 weeks and costs £82.

If your surgery is scheduled within 10 weeks, an LPA won't be registered in time to help. In that case, prioritize an Advance Decision (covered below), which takes effect immediately without registration.

Your attorney must act in your "best interests"—a legal duty under the Mental Capacity Act. They cannot make decisions for their own benefit or against your known wishes. Learn more about what is Lasting Power of Attorney (LPA) UK and how to choose attorney LPA.

Document #3: Property and Financial Affairs LPA

Even during short hospital stays, bills don't stop. A Property and Financial Affairs LPA allows someone to manage your money and property when you can't.

What It Covers

Your attorney can:

  • Pay bills (mortgage, rent, utilities, insurance)
  • Manage bank accounts and move money between them
  • Sell property if necessary for care fees
  • Manage investments and pensions
  • Deal with tax affairs and HMRC communications
  • Cancel or set up standing orders and direct debits

Why It Matters for Hospital Stays

Lisa, 39, suffered complications from an emergency C-section and spent five weeks in ICU. Her Property and Financial Affairs LPA allowed her husband to pay the £1,400 monthly mortgage, access savings for £2,000 in childcare costs, and cancel holiday bookings (getting a £3,500 refund). Without it, he would have needed a Court of Protection order—a process taking 6+ months and costing £400+ in application fees.

Even a two-week hospital stay can create financial chaos without access to accounts. Mortgages come due. Utility companies disconnect services. Insurance lapses. Standing orders bounce.

Activation Timing: Your Choice

Unlike Health and Welfare LPAs, Property and Financial Affairs LPAs can take effect:

  • Immediately upon registration (you and your attorney can both use accounts)
  • Only when you lack capacity (attorney cannot act while you have capacity)

You choose the activation timing when setting up the LPA. Many people opt for immediate activation for practical flexibility—your attorney can help with finances even when you have capacity, useful during recovery periods.

Like Health and Welfare LPAs, registration takes 8 to 10 weeks and costs £82. You can appoint the same person for both types of LPA, or different people (perhaps a partner for health decisions and a financially savvy sibling for money matters).

Learn more about LPA cost UK and the differences between health welfare vs property finance LPA.

Document #4: Advance Decision to Refuse Treatment (ADRT)

An Advance Decision to Refuse Treatment is your legally binding refusal of specific medical treatments if you lack capacity in the future. Unlike LPAs, it takes effect immediately with no registration required.

Under Sections 24-26 of the Mental Capacity Act 2005, a valid Advance Decision has the same legal force as a decision you make with capacity. Doctors must respect it.

What You Can Refuse

You can refuse:

  • Specific treatments (blood transfusions, chemotherapy, dialysis)
  • Life-sustaining treatment (ventilation, CPR, artificial nutrition)
  • Resuscitation attempts
  • Surgery or invasive procedures

Robert, 67, held religious beliefs prohibiting blood transfusions. Scheduled for hip replacement surgery with high blood loss risk, his Advance Decision (written, signed, witnessed) specified: "no blood transfusions under any circumstances, even if life-threatening." Surgeons were legally bound to respect this refusal.

What You Cannot Refuse

You cannot refuse:

  • Basic care (food and water offered by mouth)
  • Pain relief and keeping you comfortable
  • Being kept clean and warm

Treatment for mental health conditions may also have different rules in certain circumstances.

Requirements for Life-Sustaining Treatment

To refuse life-sustaining treatment, your Advance Decision must meet specific requirements under Section 25 of the Mental Capacity Act:

  • In writing (typed or handwritten)
  • Signed by you
  • Witnessed by one person (who must sign in your presence)
  • Include this specific statement: "This advance decision stands even if my life is at risk"

Without these four elements, your refusal of life-sustaining treatment is not valid.

How ADRT Interacts with LPA

If you have both an Advance Decision and a Health and Welfare LPA, the most recent document takes precedence if they conflict. Many people include their Advance Decision terms in their LPA, so their attorney knows their wishes.

The key advantage of an Advance Decision for pre-surgery situations: it takes effect immediately. No registration, no waiting period, no fees. Write it, sign it, get it witnessed, give a copy to your medical team.

Learn more about living will UK for detailed guidance on creating an Advance Decision.

Emergency Situations: What If Surgery Is Tomorrow?

Facing surgery with minimal preparation time requires tactical prioritization. Here's what you can and cannot accomplish in 24-48 hours.

If You Have 24-48 Hours Before Surgery

✅ What You CAN Do:

  1. Make a will online - WUHLD allows you to create a legally valid will in 15 minutes for £99.99. Complete it today, print it, and sign with two independent witnesses.

  2. Create an Advance Decision - Write your treatment refusals, sign it, and get one witness. It takes effect immediately. Bring a copy to hospital and attach it to your medical records.

  3. Organize financial information - Create a document listing bank accounts, insurance policies, mortgage details, and login credentials. Give it to a trusted family member.

  4. Inform hospital staff - Give your surgical team a copy of any Advance Decision. Ensure it's added to your medical notes before surgery.

❌ What You CAN'T Do (Takes Too Long):

  1. Register an LPA - Registration takes 8 to 10 weeks minimum. It won't help for imminent surgery.

  2. Change pension or life insurance beneficiaries - Most providers need 2-4 weeks to process changes.

Emergency Will-Making

Can you make a will in hospital? Yes. You need two witnesses who can be hospital staff, but they cannot be beneficiaries or married to beneficiaries.

Under Section 15 of the Wills Act 1837, if a beneficiary or their spouse witnesses your will, their gift becomes void (though the will remains valid for other beneficiaries).

Choose witnesses with no interest in your estate—nurses, administrative staff, or other patients' visitors who aren't named in your will.

You must have testamentary capacity: understanding what you're doing, what you own, and who you're providing for. If you're on heavy pain medication or immediately post-surgery, capacity may be questioned later. Complete your will before hospital admission whenever possible.

24-Hour Action Plan

Tom, 52, learned on Friday he needed emergency heart surgery on Monday. Over the weekend, he:

  1. Created his will online (Saturday, 20 minutes)
  2. Printed and signed it with two neighbors as witnesses (Saturday evening)
  3. Wrote an Advance Decision specifying "no prolonged life support beyond 4 weeks" (Sunday, signed and witnessed by a friend)
  4. Created a financial information sheet for his brother listing all bank accounts, mortgage details, and insurance policies
  5. Monday morning, gave a copy of his Advance Decision to his surgical team and stored his will with his brother

Total cost: £99.99. Total time: 3 hours. His family was protected.

If You Have 1-2 Weeks

Same as the 24-hour plan, plus:

  • Start LPA application - It won't be registered in time, but you'll have begun the process
  • Notify your bank - Some banks allow temporary authority for a spouse or partner
  • Update pension beneficiaries - Allow 2-4 weeks for processing

Learn more about how to make a will UK, how to sign a will UK, and who can witness a will UK.

How to Get These Documents Quickly (Timeline Comparison)

Different methods offer different trade-offs between speed, cost, and legal validity. Here's how they compare.

Will-Making Options

Method Timeline Cost Best For
WUHLD Online 15 min + witness time (same day) £99.99 Urgent situations, straightforward estates
Other Online Services 20-60 min + witness time £90-£200 Comparison shopping
High Street Solicitor 2-4 weeks (appointments + drafting) £650+ Complex estates, business assets
DIY Printed Template 1-2 hours (research + writing) Free–£30 Emergency only (higher error risk)

Recommendation: For pre-surgery situations, online will services offer the best balance of speed (same day), cost (£99.99), and legal validity (identical to solicitor wills when properly executed).

LPA Options

Method Registration Timeline Cost (per LPA) Application Method
Gov.uk Online Tool 8 to 10 weeks £82 Online application
Paper Forms (LP1H/LP1F) 10 to 14 weeks £82 Postal application
Solicitor-Assisted 8 to 10 weeks + solicitor time £82 + £300-£600 solicitor fees Solicitor completes, you sign

Recommendation: All LPA methods have the same 8 to 10 week OPG registration timeline. Paying extra for solicitor assistance only makes sense for complex situations (capacity concerns, family disputes, or complicated financial arrangements).

Advance Decision Options

Method Timeline Cost Legal Validity
DIY Written Document 30 min–1 hour Free Legally binding if meets MCA 2005 requirements
Template (Compassion in Dying, NHS) 1-2 hours (completion + witness) Free Legally binding
Solicitor-Drafted 1-2 weeks £150-£400 Legally binding

Recommendation: For pre-surgery situations, free templates from Compassion in Dying or NHS are sufficient. Legal validity doesn't improve with solicitor drafting—unlike wills, the requirements are straightforward and standardized.

Learn more about how much does a will cost in the UK and LPA without solicitor.

Common Mistakes to Avoid Before Hospital Admission

Rushing to prepare legal documents before surgery can lead to costly errors. Here are the most common pitfalls and how to avoid them.

Mistake #1: Beneficiary Witnesses Your Will

Under Section 15 of the Wills Act 1837, if a beneficiary or their spouse witnesses your will, their gift becomes void. The will remains valid for other beneficiaries, but the witness loses their inheritance.

Sarah named her brother as beneficiary to inherit £50,000. Her brother witnessed the will. Result: The brother received nothing, though Sarah's other gifts remained valid.

Solution: Choose witnesses with no interest in your estate. Neighbors, friends, colleagues, or hospital staff who aren't named in your will are ideal. Never ask family members you're leaving assets to.

Mistake #2: Not Storing Documents Where Family Can Find Them

You create a perfect will but don't tell anyone where it is. Your family searches for months, can't find it, and your estate is distributed under intestacy rules anyway.

Thousands of "lost wills" lead to unnecessary intestacy administration every year.

Solution:

  • Tell your executor exactly where your will is stored
  • Register it with the National Will Register UK (£30)
  • Store it with a solicitor or will storage service
  • Keep your LPA registration certificate somewhere your family can access it (they'll need the OPG reference number)

Mistake #3: Assuming Your Partner Can Make Decisions Automatically

Unmarried partners have zero automatic legal authority. They cannot make medical decisions, access your accounts, or inherit without a will.

Even married couples have limited authority—spouses cannot make medical decisions on your behalf without a Health and Welfare LPA. They can only be consulted.

54% of UK adults have no will, with unmarried couples facing the biggest risk.

Solution: Unmarried couples must have:

  • Wills naming each other as beneficiaries
  • Health and Welfare LPA naming your partner
  • Property and Financial Affairs LPA naming your partner

Mistake #4: Waiting Until You're in Hospital to Make a Will

The hospital environment makes will-making harder. You're stressed, possibly in pain, dealing with medication effects, and finding independent witnesses becomes complicated.

Testamentary capacity can be questioned if you're on heavy pain medication or immediately post-surgery. Doctors may need to document your mental state at the time of signing.

Solution: Complete your will before hospital admission whenever possible. Even if surgery is days away, do it now at home where you're comfortable and clear-headed.

Mistake #5: Forgetting to Update Pension and Life Insurance Beneficiaries

Pensions and life insurance pass via "expression of wish" forms, not via your will. If you haven't updated these, the wrong person may inherit regardless of what your will says.

Michael divorced three years ago and remarried one year ago. He died during surgery. His £200,000 pension went to his ex-wife because he never updated his expression of wish form with his pension provider.

Solution: Contact your pension provider and life insurance company directly. Update beneficiaries to match your will. Allow 2-4 weeks for processing. Learn more about expression of wish UK.

Mistake #6: Creating LPA for Immediate Surgery (Not Enough Time)

People start an LPA application two weeks before surgery, expecting it to help. But the 8 to 10 week registration timeline means it won't be active in time.

Solution: If surgery is within 10 weeks, prioritize an Advance Decision (immediate effect) over an LPA (which won't register in time). Start the LPA process for future protection, but don't rely on it for your upcoming admission.

Learn more about what happens if beneficiary witnesses will and national will register UK.

Frequently Asked Questions

Q: What legal documents do I need before going into hospital in the UK?

A: The four essential legal documents before hospital admission are: a valid will (to protect your estate), a Health and Welfare Lasting Power of Attorney (to appoint someone for medical decisions), a Property and Financial Affairs LPA (to manage bills and finances), and an Advance Decision to Refuse Treatment (to specify unwanted treatments). Having these in place ensures your wishes are respected if you can't make decisions yourself.

Q: Can I make a will the day before surgery?

A: Yes, you can make a will right up until the day before surgery, provided you have testamentary capacity (sound mind). Online services like WUHLD allow you to create a legally valid will in 15 minutes for £99.99. If you're in hospital, you may need witnesses to come to you—staff members can witness but cannot be beneficiaries.

Q: Do I need an LPA if I'm only having minor surgery?

A: While not legally required for minor surgery, an LPA is still recommended because any surgery carries risk, including complications that could affect your capacity to make decisions. An LPA takes 8 to 10 weeks to register with the Office of the Public Guardian, so plan ahead. For emergency surgery, consider an Advance Decision instead, which takes effect immediately.

Q: What happens if I go into hospital without a will?

A: If you die without a will, your estate is distributed under intestacy rules, not your wishes. Unmarried partners inherit nothing, regardless of how long you've been together. Your assets may go to distant relatives instead of those you care about. With 6.5 million emergency hospital admissions annually in the UK, having a will protects your loved ones from this outcome.

Q: How long does it take to register an LPA before hospital admission?

A: Registering an LPA currently takes 8 to 10 weeks through the Office of the Public Guardian, and costs £82 per LPA. You cannot use an LPA until it's registered, so if your surgery is scheduled within 10 weeks, you should also consider making an Advance Decision to Refuse Treatment, which takes effect immediately without registration.

Q: Can hospital staff witness my will?

A: Yes, hospital staff can witness your will, but they cannot be beneficiaries or married to beneficiaries. Under Section 15 of the Wills Act 1837, any gift to a witness or their spouse becomes void. Choose two staff members who have no interest in your estate, such as nurses or administrative staff who aren't named in your will.

Q: What's the difference between an LPA and an Advance Decision?

A: An LPA appoints someone to make healthcare decisions on your behalf when you lack capacity. An Advance Decision is your own binding refusal of specific treatments (e.g., refusing life support). LPAs require 8 to 10 weeks to register; Advance Decisions take effect immediately. You can have both—the most recent document takes precedence if they conflict.

Conclusion

Facing surgery is stressful enough without worrying about what happens if the worst occurs. Taking control of your legal documents before hospital admission protects the people you love from legal chaos, financial hardship, and uncertainty.

Key takeaways:

  • If your surgery is within 2 weeks: Prioritize making a will (15 minutes online, £99.99) and creating an Advance Decision (free, immediate effect). LPAs won't register in time.
  • If your surgery is 3+ months away: You have time for both LPAs (Health and Welfare + Property and Financial Affairs)—apply now, as registration takes 8 to 10 weeks.
  • For unmarried couples: You have zero automatic legal rights—you must have a will, or your partner inherits nothing under intestacy rules.
  • Store documents where family can find them: Tell your executor and attorney where originals are kept, register with National Will Register, and give hospital staff a copy of any Advance Decision.
  • Update pension and life insurance beneficiaries: These don't pass through your will—contact providers directly (allow 2-4 weeks).

You can't control surgical outcomes, but you can control whether your family is protected. That peace of mind is priceless.

Need Help with Your Will?

Understanding what legal documents you need before hospital admission is one thing—having them in place is what truly protects your family.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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