When Formula 1 racing legend Michael Schumacher went on a family skiing holiday in the French Alps six years ago, nobody expected him to fall and suffer a serious head injury which would end up with him being placed in an induced coma for 6 months, and still not be able to walk or talk.
Although Schumacher may well have access to the very best medical experts, with his family now in charge, there is potential to cause a dispute between family members as to what the best medical action is for them to take, at what is no doubt already an incredibly stressful time.
In Scotland you can appoint someone as your attorney, at a time when you do have mental capacity, to make decisions on your health and welfare via a Power of Attorney in the event that you lose the capacity to make certain decisions.
A Power of Attorney (POA) is a written document giving someone else the legal authority to take actions or make decisions on your behalf. There are two types of POA – one that looks after financial affairs and one concerning personal welfare – although many people look at both areas when appointing a POA.
So why would you need a POA? Most commonly people appoint a POA as they are getting older and feel they need a helping hand with financial or personal matters.
However, as the case of Michael Schumacher goes to show, nobody has superpowers and many of us take part in high-risk sports on a regular basis. Sudden illness and serious accidents can strike at any time – from a stroke to a car crash to a skiing or horse-riding accident. If a person does not have a Power of Attorney and becomes ill or suffers an accident whereby they lose mental capacity, the local authority could step in. Their family or friends may have to go to court to get authority to act on their behalf, which can be costly and a lengthy process, not to mention the increased stress in an already tense situation.
A POA can also be useful if you were to live abroad for some time and were not able to manage your financial matters from afar.
Who can be your Attorney? By granting a POA, you are authorising another person to have access to all of your personal data and information, and to sign and transact on your behalf. Most people select their spouse / partner, a relative, or a close friend to be their Power of Attorney. But you can name anyone you want. The key is that you trust the person completely, and it is someone who knows what your wishes are.
Whatever your age or your lifestyle, don’t put off appointing a Power of Attorney. Act now – nobody knows what is around the corner.