LEGAL ASPECTS IN TAKING CARE OF ELDERLY AND DISABLED PEOPLE: POWER OF ATTORNEY

In this situation one person, whilst still mentally competent, gives another person the authority to act on their behalf. They usually do this because, although they are still mentally active, they are now too frail to do the actual tasks of going to the bank, paying bills, etc. A power of attorney is a legal document that can be shown to banks, etc. (use a copy and leave the original with the legal adviser). It can be cancelled at any time, usually in writing, and it can be general (for day-to-day tasks) or just for a specific transaction (selling a house). Until recently it became invalid when the person giving the authority became mentally incompetent.

If an elderly person wants the power of attorney to continue after they become mentally frail and finally incompetent then they must use a new Act, the Enduring Power of Attorney Act 1985. The transfer of powers must occur while the person is still fully mentally alert. There are restrictions to protect the person from exploitation; as the Law Commission put it:

We have in mind the donor who is no longer fully capable when he grants the Enduring Power of Attorney, even though he still has sufficient capacity to create the power. This is likely to be a very common case in practice where (as will be most usual) the donor is elderly.

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GENERAL HEALTH