Power of attorney and making decisions on behalf of a loved one
CARING FOR a loved one, especially when they face health challenges or are unable to make decisions independently, can be emotionally taxing. In such situations, understanding legal tools such as power of attorney (POA) can provide both clarity and empowerment. The POA is a legal document that grants you authority to make decisions on behalf of another person.
By understanding the different types of POA, the issues they cover and the legal framework governing decision-making, you will be able to deal with this lesser-known aspect of later life with confidence. Remember, seeking professional advice and keeping open communication are key to ensuring the wellbeing and dignity of all parties involved.
UNDERSTANDING POWER OF ATTORNEY
Power of attorney is governed by specific laws and regulations. When someone appoints a power of attorney, they are instructing someone else to act on their behalf in the event of their own ability being compromised. The person seeking to assign a power of attorney is called a donor and the person appointed to act on their behalf is called an attorney.
TYPES OF POWER OF ATTORNEY
There are various types of POA, each serving different purposes and catering for specific needs. The following are some of the most common:
Ordinary power of attorney: This is suitable for managing financial affairs and is often used when the donor is temporarily unable to handle their affairs due to reasons such as travel or illness. It becomes invalid if the donor loses mental capacity.
Lasting power of attorney (LPA): LPAs are more comprehensive and can cover financial and/or healthcare decisions. There are two types of LPA:
Property and financial affairs LPA: This grants the attorney authority to make decisions about the donor’s finances, property and assets. GHealth and welfare LPA: This authorises the attorney to make healthcare and personal welfare decisions on behalf of the donor, including medical treatment and living arrangements. Understanding the differences between these types of POA is crucial for selecting the most appropriate one based on individual circumstances and requirements.
RESPONSIBILITIES OF THE ATTORNEY
Attorneys appointed under a POA owe a duty of care to the donor and must act in their best interests. They are required to follow the principles outlined in the Mental Capacity Act 2005, which include acting within the scope of their authority, considering the donor’s wishes and feelings and consulting with relevant parties when making decisions.
CHALLENGES AND CONSIDERATIONS
Navigating the vast amount of available information can be daunting. The Citizens Advice Bureau could be your initial port of call and its website (citizensadvice.org.uk) offers excellent information as a starting point. Furthermore, your care agency is available to assist you throughout this process.
It is essential for attorneys to understand their duties, seek legal advice when necessary and communicate effectively with the donor, other family members and relevant authorities. Disputes and conflicts may arise, highlighting the importance of careful planning, clear documentation and transparent decision-making processes.
Accepting the position of being someone’s LPA is an honourable decision, but a significant one; we recommend you seek advice before taking it. This will help you to understand the responsibilities you are agreeing to and give you the information you need and sources of support, to ensure your own wellbeing is upheld.