NHS Prescribes Powers of Attorney for All

NHS Greater Glasgow and Clyde (NHSGGC) is urging the public to arrange a Power of Attorney for welfare matters, following reports indicating that one-third of patients experience discharge delays because they haven’t got a Power of Attorney in place.

The BBC has reported that some patients are delayed more than 400 days in an acute hospital due to legal complications.

A Power of Attorney is a vital document that can be prepared by a solicitor, which appoints an individual you trust (for example, your spouse, partner, family member or friend), as your “attorney” to make decisions on your behalf.  

NHSGGC have reported that currently, 100 patients within NHSGGC are delayed in leaving the hospital due to the absence of a Power of Attorney. They have advised that these delayed discharges have a domino effect throughout NHSGGC hospitals, which leads to further delays that could be mitigated with the use of Powers of Attorney.

Professor Angela Wallace, Nurse Director for NHSGGC, also explained:

“Patients delayed in their discharge may not be in the most suitable environment for their current stage of care. This can compromise the speed and quality of care we provide to them and others who rely on our services.”

There are a number of misconceptions surrounding Powers of Attorney, including the belief that family members automatically have the right to make decisions on your behalf. Many also believe that Powers of Attorney are only relevant to older generations, and of course, this is simply not the case; a Power of Attorney is relevant at any age and a loss of capacity can occur at any time.

It’s important to note that, while the NHS is urging the public to specifically prepare a “welfare” Power of Attorney, in practice, Powers of Attorney usually incorporate “continuing” (financial) powers too. This enables your attorney to make financial decisions on your behalf if you are not able to.

Powers of Attorney are not just useful if you have lost capacity. If you still have capacity, you can also use your Power of Attorney to allow attorneys to act on your behalf in relation to financial matters if you are otherwise not able to do so. You must, of course, provide consent to your attorneys to do so.

It is important that you appoint someone you trust in relation to welfare and financial matters. We would recommend that you speak with the individual you wish to appoint as your attorney, to ensure they are happy to take on this role. You can also appoint an attorney specifically in relation to welfare powers and another individual to deal with financial provisions.

This conversation is a crucial first step in formally setting up a Power of Attorney. It’s important to remember that accidents or illnesses can occur at any age, and having a Power of Attorney in place can ensure your finances or health are not left on the wait list.

Our team of experienced solicitors can assist you in the preparation of your power of attorney. Get started today by contacting us on privateclient@gilsongray.co.uk.