Did you know that if you become unable to make decisions for yourself – perhaps because of illness or injury – no-one else can make those decisions for you unless you’ve given them legal powers to do so?
Health & Social Care Moray and health and social care partnerships across Scotland are coming together on Power of Attorney Day (Thursday 23 November) to raise awareness of why it’s important to have a power of attorney (PoA) in place and to encourage everyone over the age of 16 to take action.
Whether brought about by serious illness, accident or injury, mental health issue, dementia or neurological diagnosis, distressed families frequently discover they have no automatic legal rights to direct the medical welfare or financial affairs of a loved one who can no longer make their own decisions.
In such cases, relatives may face a lengthy and stressful court process to obtain guardianship which can hold up getting arrangements put in place, including delaying people being able to move on from hospital as soon as they’re ready.
The only officially recognised way to ensure a trusted family member or friend is legally empowered to oversee their loved one’s affairs is to have a PoA registered with Scotland’s Office of the Public Guardian.
Your PoA is a written document that lets you give legal authority to other people (your attorneys) to make decisions about your health and welfare, finance and property if you’re no longer able to. It ensures your choices will be respected and your wishes followed, even if you cannot express them yourself. These decisions could include where you live, what medical treatment you receive and what happens to your home if you move into permanent care.
Health & Social Care Moray and the Moray Integration Joint Board (MIJB), governing body of the partnership, want to encourage more people to think ahead, start the PoA conversation now, then make their application.
Dennis Robertson, Chair of the MIJB, said: “Nobody wants to consider a situation where they cannot make decisions for themselves, and we all hope that time will never come. However, for many people an event occurs which causes them to lose capacity to look after their own affairs.
“People wrongly assume their next of kin can step in to make decisions on their behalf but unless you have a PoA arranged, this is not the case. Although they may be consulted about your wishes, they cannot decide what should happen if you haven’t granted them PoA in advance. The person making decision for you may not be the person you would have chosen.
“This is why it’s important to start the conversation now and put your PoA in place so you and your family have peace of mind.”
Simon Bokor-Ingram, Chief Officer, said: “A lot of people think that setting up a PoA is just for older people, but anyone can lose capacity temporarily or permanently as a result of serious illness or injury, so it’s never too early to have the conversation with family or friends.
“We know that appointing an attorney can relieve a lot of stress and heartache for families in what are already difficult situations. Appointing an attorney doesn’t take away your power or legal rights, not does it replace having a will, but having a PoA in places does safeguard your own wishes during your lifetime.”
Financial help is available for some people towards the legal costs of having a solicitor prepare a PoA. The Scottish Legal Aid Board has information on eligibility and can help you find a ‘legal aid’ solicitor if you qualify. The Public Guardian charges a registration fee, however there are certain circumstances where you might be entitled to apply for a fee exemption.
For support to start the PoA process, speak to a solicitor or visit https://mypowerofattorney.org.uk/
