If you are planning ahead, you can make an enduring power of attorney. This arrangement gives authority to a person you know and trust, to act on your behalf should you lose the capacity to make certain decisions in the future. This person is called your ‘attorney', but does not need to be a lawyer. These decisions can be about your personal welfare and property and money matters.
You can say whether your attorney will have authority to act on your behalf regarding all or part of your property and affairs. You can also give your attorney the authority to do specific things regarding your personal welfare.
You can have more than one attorney and can specify if they have to make decisions together, or separately.
An enduring power of attorney only comes into force if you lose capacity to make certain decisions. If this happens, your attorney must register it with us for the arrangement to take effect.
This is similar to the enduring power of attorney you can currently make under the Powers of Attorney Act 1996. It is different because under the new law, an enduring power of attorney may include healthcare decisions. It is also different because under the new law, we will supervise attorneys and make sure they are doing their job correctly.