Q. I had a co-worker mention that she was unable to use her mom’s Power of Attorney for health care purposes when her mom got sick. I was really shocked because I thought that was what a Power of Attorney was for, isn’t it?

A. No. A Power of Attorney allows the person(s) you have appointed to assist you with legal and financial matters. If you wish to appoint someone to assist you with personal and health care matters, you need to have something called a Representation Agreement prepared. This document also allows the person(s) you have appointed to…

I have been told by your office that if I bring my elderly mother in to see you for a Power of Attorney, I will have to stay in the waiting room. I am not very happy about that. Can you tell me why I can’t come in?

There are a number of reasons. Firstly, because I have to determine whether she has capacity to give a Power of Attorney. In order for someone to give Power of Attorney, they must have a very high level of capacity as it is a very powerful document. Often, quite senior clients will look to their…