My mother is in her late seventies and beginning to forget things. We worry that if her condition worsens, nobody would legally be allowed to make decisions about her care or finances. How does an enduring power of attorney work?
An enduring power of attorney is a legal document under the Protection of Personal and Property Rights Act 1988 that allows a person, called the donor, to appoint someone they trust, the attorney, to make decisions if they lose capacity. There are two types: one for property, covering finances and assets, and one for personal care and welfare, covering health and living arrangements. The donor must have capacity when signing, and a lawyer or authorised witness must explain the document and certify that the donor understands it. For personal care and welfare, the attorney can act once a medical practitioner certifies that the donor lacks capacity. Without one, the family may have to apply to the Family Court for a property order or a welfare guardian, which is slower and more expensive. Arrange it while your mother still has capacity.
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