Power of Attorney – What is it and do I need it?

It’s not easy to think about a time when you won’t be able to make your own decisions, but it can help to be prepared.

No matter what age you are and in what state of health, life can bring some unexpected events and accidents. You may need to consider what would happen if you became unwell and you were unable to communicate your wishes or make decisions for some reason.

If you became unwell and you were unable to communicate your wishes or make decision for some reason, who would want to be your spokesperson?

Many people assume that being the next of kin means the automatic right to make decisions and deal with the affairs of a loved one. However, this is not the case for adults. Instead, if the person you wish to speak for you has Power of Attorney, they would have more legal right to represent your wishes and views.

Having a Power of Attorney lets you plan what you want your chosen person to do for you in the future, should you become incapable of making decisions about your own affairs. This might be a member of your family or perhaps a close friend.

There are two types of Power of Attorney – ‘Continuing’ Power of Attorney and a ‘Welfare’ Power of Attorney. Both of these are written, legal documents giving someone else authority to take these actions or make decisions on your behalf.

Powers relating to your financial or property affairs are known as ‘Continuing Powers’ and may be given with the intention of taking effect immediately and continuing if you lose capacity to make decisions for yourself.

In a Welfare Power of Attorney, you can give the power to make decisions about anything to do with your health and personal welfare, but you must specify these powers in the written document. This document can then be registered with the Office of Public Guardianship. Copies of basic documentation can be purchased at the Post Office or online.

In a Welfare Power of Attorney, you could include what medical treatment you should or shouldn’t have; where you are cared for and the type of care you receive; what you eat; how you dress, and what activities you take part in.

It’s important to consider all the decisions you might want your nominated person to make if you lack capacity.

You should also make sure that the powers are written in a clear and understandable way, and that the type of power is clearly specified in your document. It is therefore very important that the powers you want to give are specific, well explained, and not open to interpretation.

Welfare Power of Attorney only becomes active if you’ve lost capacity to make decisions yourself. If you have capacity than you can still make your own decisions and your nominated person cannot override them.