It may come as a shock that you do not have automatic authority to decide where your spouse lives, even as next-of kin, if your spouse has lost capacity and they do not have a Lasting Power of Attorney for Health and Welfare or a Deputyship Order in place.
Decisions about health, care and living arrangements will be made by the care professional, the doctor or social worker who oversees your spouse’s treatment or care. They will make decisions based on what they consider to be your spouse’s best interests.
You will be consulted but the care professional does not have to follow your wishes.
The best step you can take is to make Lasting Powers of Attorney as soon as possible. This will avoid the need for professionals to make such important decisions for you or your loved one.
Call us today on 01243 277 231 to speak to one of our solicitors who can help you make Lasting Powers of Attorney.