Power of Attorney and Supported Decision Making
Power of Attorney
What is it?
A Power of Attorney (POA) is a legal document that allows someone to make decisions on your behalf if you become unable to do so whether due to accident, Stroke, Dementia or another progressive condition. A POA will allow you to choose a trusted person to make decisions with regards to welfare and or finances.
Why do I need it?
If you don't have a POA in place and lose the ability to make decisions or communicate your wishes this can make planning for your care, or hospital discharge very difficult for you and your family. Having a POA can give you peace of mind as you know you have the support of a trusted person to make decisions when you are unable too, these decisions are written down within your POA, you decide how this is triggered - for instance who will decide that you have lost capacity to make your own decisions relating to welfare and or finance and what decisions you would like included within the document, for example where you reside or what care services you require.
Your next of kin is unable to make these decisions legally if you lose capacity, a POA will only come into effect when you have lost capacity which means you remain in control of your own decision making.
When do I need it?
It is never too early to put a POA in place as illnesses or accidents can happen to any of us. Future planning can reduce stress and worry for you and your family, if you lose capacity to make your own decisions and there is no POA in place this can then mean that an application for Guardianship is required, this is a costlier process and much more restrictive, it involves making an application to the court to become Guardian for your loved one.
Is there a cost?
There is a cost for a Power of attorney and if you seek advice from a Solicitor they will be able to tell you what the cost is and whether you are entitled to any support with this cost, there is also a registration fee to ensure your POA is registered with the Office of the Public Guardian. A list of local solicitors and more information on cost can be provided by our team.
Power of Attorney in South Ayrshire
In South Ayrshire, we want to encourage residents to start planning for the future. We would like residents to be prepared for any changes in their health and to share their preferences for care, whether this is in the community, hospital or care home setting.
The Health & Social Care Partnership (HSCP) face major issues in the development of services for older people. There has been a significant increase in the numbers of people being diagnosed with dementia locally and nationally, HSCP has developed of an effective Power of Attorney (POA) service to support early intervention in people's lives.
We have a Supported Decision Making or (SDM) social worker based in the Statutory Mental Health officer team who can offer the following;
- Support with making advanced choices - assist you and your family to make choices about your future and how you would want to be treated if you lost capacity.
- Say how you want to be treated if you need care in the hospital or community.
- Ensure your rights and views are recorded in the event you lose capacity.
- Give you advice about incapacity and mental health law.
- Give you advice and guidance about Power of Attorney.
Get in touch
If you would like more advice in relation to Supported Decision Making or advice and guidance in relation to Power of Attorney please contact us by:
Telephone: 01292 293822
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