November is Power of Attorney Month. A power of attorney is a legal document, which allows someone else to make decisions on your behalf.

Powers of attorney can only be granted by those with mental capacity, and in the event that capacity is lost, for example, as a result of dementia or Alzheimer’s, the ability to set up a power of attorney is also lost.

If you become incapable, and have not set up a power of attorney, you lose the ability to make decisions for yourself, and the ability to choose the person who will be appointed to make those decisions for you. In that event, the courts will be required to appoint a guardian to manage your affairs and welfare.

Guardianship appointments can take some considerable time, even months, to be granted by the courts. In contrast, if a power of attorney is granted by someone who later loses capacity, the power will continue, allowing the attorney to continue to make decisions notwithstanding the granter’s incapacity.

In drafting a power of attorney, you can decide what specific powers your attorney will have, and those which he or she will not have. Powers will include financial powers, to enable an attorney to manage your property and financial affairs, and welfare powers, to enable an attorney to decide where you might live, how you will be looked after, and what medical treatment and care you will receive.

It is important to grant your attorney enough powers to enable them to carry out your wishes. Your attorney is always obliged to act in your best interests, and to have regard to your wishes. It could be your partner, spouse, civil partner, solicitor, friend or relative.

An attorney must be over the age of 16 years and be willing to accept the appointment. The attorney must not be an undischarged bankrupt. Whomever you choose, you must feel confident that they will act always in your best interests. Once granted, a power of attorney can also be revoked, provided you continue to have mental capacity to do that.

Appointment as an Attorney is a significant responsibility. The attorney has a duty to carry out the granter’s instructions. If the attorney feels that this will not be possible, they should not accept the appointment. Being an attorney can also be time consuming, and difficult decisions sometimes must be made. In making those decisions, the attorney must take decisions which preserve the granter’s privacy and independence insofar as possible, and must act with integrity and honesty.

Having a power of attorney in place provides peace of mind, as the granter knows that he or she will have the support of someone they trust implicitly, in the event that they are unable to make decisions for themselves in the future.