Why Power of Attorney is more vital than ever... and it could save your life CLAIRE McPHILLIMY
Legal document protects finance and medical decisions
Doyouhavea Power of Attorney (POA)? This legal document allows you to give authority to a trusted family member or friend to carry out financial or medical decisions on your behalf, when you are unable to through illness or incapacity.
And it’s even more important than you may realise.
Tony Marchi, principal at ILAWS Scotland (which specialises in Wills, POA and estate planning), explains: “If you’re admitted to hospital, the first thing they’ll do is ask if you’ve got Power of Attorney – they used to ask for your next of kin, but now it is Power of Attorney.”
People commonly assume that a POA only comes into play if someone is incapacitated by the likes of a coma or dementia – but this is incorrect.
The situation today is a lot more complex, not least because the definition of incapacitated is more varied than you may think. “Incapacity can be as simple as you are too medicated, eg on pain relief or your temperature is too high – so, if someone is running a temperature when they’re in the hospital, then they may be unable to make a decision for themselves,” says Tony.
The common misconception is that your spouse/partner or children will make that decision for you. Without Power of Attorney, this is not the case.
Not having a POA could cause a delay in treatment or prevent you from receiving it, should you end up in hospital; if the staff cannot legally obtain your permission, they may have to withhold medication if there is risk to the patient who is not in a position to grant authority themselves.
Recently, an ILAWS client almost faced this nightmare situation. He ended up ill with a bacterial infection in hospital on Christmas Day, where he was given paracetamol and broad-spectrum antibiotics.
A couple of days later his condition hadn’t improved.The doctors managed to diagnose him with a rare bacterial infection that required a strong cocktail of antibiotics.
They would not administer this treatment without his permission but, because he had a high temperature, he did not have the capacity to make this decision for himself.
Luckily, he already had a POA from ILAWS – this allowed his daughter and wife to consent to the treatment on his behalf, and, after receiving this, he made a full recovery.
It can take six to nine months for a POA to go through the courts. In a medical emergency, you may not have the time to spare. By putting this essential legal document in place now, should the worst happen, your elected POA will be able to act in your best interests immediately – which could save your life.
“With a Power of Attorney, they can only act with your authority or if you’re unable to do it yourself, so they can never overrule you. It’s not giving away power, it’s putting in place protection,” adds Tony.
A POA is potentially a
lifesaver, and it can also save your family or loved ones a lot of stress and worry. Similarly, a Will – which states what is to happen to your estate, finances and possessions when you are no longer here – can also give you all peace of mind. ILAWS can help you organise both, so you can rest easy knowing you have legal protection in place.
Power of Attorney is not giving away power, it’s putting in place protection