What is the incapacity statement?

A power of attorney (PoA) that is to begin in the event of incapacity must have a statement confirming that the granter ‘has considered how their incapacity is to be determined’.

It is good practice to say exactly how you want your incapacity to be determined and who should do this. This makes it clear what your wishes are so they can be followed. Read the definition of incapacity.

All welfare PoAs must have an incapacity statement to suit your specific needs and wishes.

If you only want your continuing attorney to act after you become incapable, an incapacity statement will be needed.