The Jewish Chronicle

Power of attorney and making decisions on behalf of a loved one

- BY RUBIKA RAZAQ Rubika Razaq is marketing and business developmen­t associate at PillarCare, pillarcare.co.uk

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.

 ?? PHOTO: GETTY IMAGES ?? Vital job: a role as a relative’s power of attorney comes with many responsibi­lities
PHOTO: GETTY IMAGES Vital job: a role as a relative’s power of attorney comes with many responsibi­lities

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