Powers of Attorney and Planning Ahead
Arrangements allowing someone else to make decisions on your behalf must be put in place before they are needed, and this timing point is what catches families.
The principle
A power of attorney is a legal document appointing someone to act for you.
It can only be made while you have the mental capacity to make it.
Once capacity is lost, the alternative is a court application: slower, considerably more expensive, more intrusive, and resulting in a court-appointed deputy who may not be who you would have chosen.
The document is prepared in advance and used only if and when needed.
The usual types
Financial decisions: managing accounts, paying bills, dealing with property and investments.
Health and welfare decisions: medical treatment, care arrangements, where you live.
These are usually separate documents and can appoint different people.
Terminology and structure vary considerably between jurisdictions, so take local advice.
Choosing attorneys
Trustworthiness above all, since the powers are extensive.
Practical competence for financial matters, and willingness to have difficult conversations for welfare matters.
Appointing more than one, with a decision about whether they act jointly or independently. Joint appointment provides oversight and can be inflexible if one is unavailable.
Naming replacements in case an attorney cannot act.
Talk to them before appointing them. Being named without warning is unfair and produces refusals at the worst moment.
Giving guidance
The document can include preferences and instructions, which help attorneys act as you would want.
Recording views on care, living arrangements and treatment reduces the burden on family enormously.
Advance decisions about specific medical treatments are a separate mechanism in many systems and carry different legal weight.
Practical points
Registration is required before use in many systems and takes time, so do it when the document is made rather than in a crisis.
Give certified copies to banks and providers in advance, since establishing them during an emergency is slow.
Review periodically, particularly after relationship changes or a death among the appointees.
This is general information and not legal advice; consult a qualified professional locally.
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