Care of the Incapacitated
Guardianships - Intervention orders
Granting a Power of Attorney entitles you to choose the people taking decisions on your behalf in the event of this becoming necessary.
If you leave it too late, and find that you are losing capacity, it may be necessary for another person (such as a relative or even the local authority) to ask court to grant an intervention order or a Guardianship Order in their favour.
An Intervention Order allows the appointed person to deal with a single issue or make a 'one-off' decision on your behalf. This could, for example, be a financial or property transaction on your behalf or even a legal action, such as signing a document or going to Court.
A Guardianship Order, on the other hand, enables the appointed person to deal with the management of your financial and welfare affairs on an ongoing basis.
Procedures of this type are almost always considerably less satisfactory, and are always much more costly, than granting a Power of Attorney would be.
Living Wills
Living Wills are increasingly looked for by people making Welfare Powers of Attorney. Most health authorities and the BMA recognise that not everyone will wish treatment which may serve only to keep them alive in painful conditions at the end of life. Living Wills do not permit euthanasia but are a strong statement of someone’s wishes.Welfare Powers of Attorney only come into effect if you have lost capacity to take medical decisions for yourself.
Contacts for Care of the Incapacitated