When can you legally make decisions for someone else?

A person sometimes becomes unable to make decisions for themselves; for example, they may have a head injury, be in a coma, or have an illness such as Alzheimer’s disease. Being unable to make decisions is known as losing capacity.

Decisions

When a person is deemed not to have capacity, it is difficult or impossible for them to make important decisions, such as which treatment option they wish to choose in hospital. It may also mean they are unable to make decisions regarding their property or finances.

Fortunately, organising a UK power of attorney is a suitable way to nominate a trusted friend or relative to make decisions on your behalf should you lose the capacity to do so. This must be organised when the person still has capacity and can be arranged via companies such as https://powerofattorneyonline.co.uk.

When does this take effect?

A power of attorney relating to health and welfare only comes into effect once the person no longer has capacity. This will be determined by medical staff, who will analyse the person’s ability to understand information and communicate their wishes.

A property and finances LPA can also be used in this scenario; however, unlike the health and welfare LPA, it can start whenever the individual gives the go-ahead.

It can also be used for a finite, short-term period, such as if the named individual is on holiday. In this instance, the nominator will determine the start and end dates during which the nominee can make decisions.

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