By applying a Powers
of Attorney or providing protection for you in the place, you and your
family may be able to prepare for a sudden change in the circumstances. It
helps if everyone in your family knows who has been nominated for making
important decisions when someone is no longer able to make decisions for them.
It is also useful to know what they wanted in common situations.
Enduring Powers
Enduring powers are legal documents that relate to a person
to work on their behalf, someone who they choose ('agent'), if they are unable
to make decisions for themselves.
Powers Of Attorney
Powers of Attorney
gives anyone the ability to work on behalf of someone else in financial matters
such as paying bills and managing money, for any reason they are unable to
manage financial matters themselves. For example, a daughter can take care of
her frail mother, who has mobility difficulties and now she cannot go to the
bank to pay her bills. Her daughter, with a Powers Of Attorney, can pay her mother's bills on her behalf.
The attorney does not allow you to continue working on your
behalf after losing Powers Of Attorney
capacity.
Capability is the ability to make decisions and understand
the effects of those decisions. It is said that a person has a capacity when
the person can understand the information and options presented, can make the
information weight to decide and then convey that decision.
Enduring Powers Of Attorney
An Enduring Powers Of Attorney then works when a person can no longer make
decisions or work on their own. A person should appoint an Enduring Powers Of Attorney before losing his capacity. A
sustainable Powers Of Attorney cannot
take lifestyle, housing or medical decisions and is limited to financial or
property; only a permanent guardian can take a lifestyle decision from someone
else. A Enduring Powers Of Attorney
can be arranged so that they come in immediate effect or remain inactive until
the occurrence of a particular event or circumstance.
Standing powers need to be prepared in a special way and you
should consult an attorney. You can cancel an enduring power ('revoke') at any
time provided you still are able.
Who can appoint Enduring powers?
In order to appoint enduring powers, you have the ability to
be capable, competent and able to understand what you are doing. You can not
only appoint permanent powers for the other person for yourself.
In some circumstances, a guardian or administrator can be
appointed by the Guardianship Tribunal to protect the interests of a person,
who is not able to make decisions for himself. It usually happens when there is
a concern about their rights.
Choosing your agent
Your agent can be any competent adult who is capable and
willing to work on your behalf.
Choose someone who believes in you to work in your own
interests and fulfills your desires. He or she understands your thoughts about
those decisions that can be asked to make for you and you know well enough to
make the choices you make.
Know your wishes
If you have clear ideas about special medical and legal
situations that can affect you, write them down. It is sometimes called 'Advanced Care Directives ' too. Ask your doctor or attorney to help you
know what you want to do in normal circumstances.
Discuss your thoughts with close family members and friends
and give them copies of your Advanced Care Directives. Pre-tell
people what you want in a particular situation, can help prevent crises or
conflicts if different people have different ideas about what needs to be done.
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