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Many of us think about protecting our parents, especially if they are elderly, and ensuring they have a Power or Attorney in place. However we often forget that all adults, irrespective of age, may unfortunately need a Power of Attorney.

A Power or Attorney (PoA) is a legal document that allows you to appoint one or more people to help you make decisions or to make decisions on your behalf should you be unable to do so yourself.

The reasons for needing one vary, but can include an accident, sudden stroke or illness, resulting in you no longer being able to make decisions for yourself (whether temporarily or permanently). When a loved one suddenly does not have the capacity to make decisions for themselves, distressed families and partners often find they don’t have automatic rights to step in to manage that person’s medical welfare or personal affairs, and have to apply to the Court for a Guardianship order, which can typically take up to six months to put in place.

This is a situation we unfortunately see far too often and it happened recently to one of our clients, in her late 40s, whose husband had a sudden and unexpected stroke. He was rushed to hospital, where he stayed for many weeks. While his condition was continually improving, he was not able to deal with financial matters.

As is quite common, although they were married and their bank and other houshold services were joint, it was our client’s husband’s email address and his details alone that were used to sign up for many accounts. Additionally, a number of direct debits and standing orders were in his name only. 

At the most unwelcome time, our client found herself worrying whether there was enough money in certain accounts (that she could not access) to meet mortgage payments, direct debits, utility bills etc.  The banks and services, while sympathetic, were steadfast that, legally, they could deal only with the account holder or his or her legally appointed Attorney.

The client's husband was still too ill to sign a Power of Attorney, meaning that the only option at that time was a Guardianship, which is a lengthier and more intrusive process. 

Powers of Attorney are not just for the elderly. Having a PoA in place really can make a difference and can ensure that people’s wishes are carried out quickly without prolonged legal negotiations. Nobody knows what is around the corner, and we have no insight as to whether our physical or mental health could suddenly change as a result of an accident or illness, therefore it is so important to have thought about this and have plans in place to manage your affairs if you are no longer able to do so, even if just for a short period of time.