The right to make decisions about our care and treatment is a basic human right, except in cases where we are no longer able to do so.

It’s difficult to envision, but there may come a time when you’re unable to make all your decisions independently. Medical issues like a stroke, sudden brain injury, or a progressive brain disease such as dementia, can impact our mental capacity.

This situation could happen to anyone, and if it does, we would all want assurance that our interests are safeguarded.

Thankfully, the law* provides this safeguard. It outlines who is legally authorized to make decisions on our behalf, the circumstances under which they can do so, and the manner in which they should make these decisions. The law allows us to prepare for a future where we might not be able to make all our decisions. By establishing a power of attorney and/or making an advance decision to refuse medical treatment, we can ensure our wishes are respected.

Planning Ahead with Powers of Attorney To ensure your future decisions are in trusted hands, you can legally assign authority to someone else. This is done through a power of attorney, a legal document that bestows this decision-making power. As long as you are over 18 and have the mental capacity to comprehend your actions, you can appoint one or more attorneys.

There are two kinds of power of attorney:

1. Health and Welfare
2. Property and Financial Affairs

You have the option to grant a power of attorney for health and welfare, property and financial affairs, or for both areas.

Health and Welfare Power of Attorney A health and welfare attorney is empowered to make decisions regarding your care and treatment in the event you are no longer able to do so. This includes, for instance:

• Approving care plans regarding your daily routine, such as clothing choices, diet, and wake-up times.
• Determining your living arrangements.
• Agreeing to medical care, and in certain instances, life-sustaining treatments.

Property and Affairs Power of Attorney An attorney for property and affairs is authorized to handle your financial matters, such as managing bank or building society accounts, paying bills, collecting benefits or pensions, and selling your home.

You can empower this attorney to act on your behalf even while you still have the capacity to make your own financial decisions.

Steps to Follow

The initial step is selecting the appropriate person or people to serve as your attorney or attorneys. They must be over 18 years old and both willing and capable of acting on your behalf. If you’re appointing multiple attorneys, decide if you want them to make decisions independently or jointly.