People across Angus are being encouraged to begin planning for the time when they may no longer be able to make decisions for themselves. Many people assume that in these situations a family member, such as a husband or wife, can make welfare and financial decisions. However, legally this is not the case.
A Power of Attorney gives someone of your choice, the authority to make decisions for you if you were no longer able to make them yourself. This would be someone you trust, such as a relative or close friend. The individual chooses the person or persons they want to help them, called an attorney, and decides what powers they should have.
Arranging a Power of Attorney is important for everybody, not just older people. John Cooper, Head of Service and Social Work Lead Professional said: “It is extremely important that we raise awareness of the impact of not having Power of Attorney secured for you and your loved ones.
“It comes as a terrible shock to people to discover that their family doesn’t automatically have the right to make decisions for them. Many people do not appreciate that no-one has the automatic right to make welfare of financial decisions on their behalf without legal authority.
“Not having a Power of Attorney can have a significant impact on the outcomes you or your loved ones can experience when unwell, including long delays in accessing necessary services or being in hospital longer than required.
“Sadly, we see many people who have become stuck in hospital for many months after being fit for discharge – hospitals are important when we are sick, but we should not have to stay any longer than necessary. Without a Power of Attorney, your family or friends may have to apply to the courts for a Guardianship Order to allow them to make decisions on your behalf and this can be a lengthy and far more costly process.”
You can only grant a Power of Attorney if you have capacity. If you lose capacity, and are no longer to look after your own financial and personal affairs, for example, following a dementia diagnosis, a traffic accident or injury, mental health issue, or having a stroke, it is too late to grant a Power Attorney.
There are two main types of Power of Attorney. A Continuing Power of Attorney deals only with money or property, and a Welfare Power of Attorney, enables the attorney to make decisions on the person’s health or personal welfare. The best way to make sure all eventualities are covered is to do both.
As with making a will, it is possible to draw up a Power of Attorney without the help of a solicitor, but it is much better to employ a solicitor to do it. The Power of Attorney then requires to be registered with the Office of the Public Guardian. Angus Health and Social Care Partnership is one of 29 Health and Social Care Partnerships across Scotland supporting the National Power of Attorney Campaign. For more information about how to appoint a Power of Attorney and getting support visit www.mypowerofattorney.org.uk