All adults should have an Enduring Power of Attorney and an Advance Care Directive.
It is not the law that your spouse and/or children automatically have the right to make financial and legal decisions on your behalf if you lose mental capacity. Whilst they may have a say in other decisions, there can be disputes about what decision should be made and who should make it.
What is a Power of Attorney?
This is a legal document which appoints a trusted person or persons to deal with or manage financial and property decisions on your behalf. In order to execute this document you must be over the age of 18 years and have full legal capacity.
What is an Advance Care Directive?
An Advance Care Directive can specify your preferences for personal issues relating to your medical care and welfare and can allow you to appoint a substitute decision maker on your behalf. Advance Care Directives replace Powers of Guardianship and Medical Powers of Attorney.
A Power of Attorney and an Advance Care Directive is automatically ineffective on your death and does not overlap any authority granted in your Will.
The greatest benefit of these powers is to enable others to make decisions on your behalf after you have suffered a legal incapacity (perhaps in a coma in hospital or suffering a degenerative disease).
How can we help? Contact Andersons Solicitors today.
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