Now, four years on, Heather Sutton is supporting a local campaign to encourage others to prepare for the unexpected by arranging a Power of Attorney, as she is all too aware that anything can happen.

The granting of a PoA enables a third party to make decisions for someone when they no longer have the mental capacity to do so, and experts claim it is as important as making a will.

Heather (39) had never considered the need to arrange one for herself, but all that changed after the accident which happened as the midwife drove to work on December 22, 2005.

The other driver was killed in the accident and Heather, who was 24 weeks pregnant at the time, suffered extensive injuries.

Her daughter Zoe was born 11 weeks later weighing just 4lb 1oz and is now aged three. She was found to be suffering from brain damage, cerebral palsy, epilepsy and eating problems as a result of a brain haemorrhage caused by the accident.

Heather only had a couple of shifts to do before going off on maternity leave when the accident occurred.

She said, "I was trapped in my car and the fire brigade had to cut the roof off to get me out.

"I was quite calm until someone asked if I could move my legs and I realised that I couldn't move them. That was the only moment of panic."

She was taken to Raigmore Hospital in Inverness, where she was found to be suffering from extensive damage to her chest, back and legs and internal injuries. The baby's placenta had also become partially detached from her uterus.

Heather did not discover until earlier this year that her own brain had also been damaged in the car crash.

She said, "After the diagnosis of frontal lobe damage a few months ago, I started to think about arranging Power of Attorney.

"I have real problems preparing food, as I forget I've put something on to cook, and I've found that I need my husband, Gerard, to be at meetings with me because I can't remember what has been said afterwards.

Heather Sutton with daughter Zoe.

"I don't know whether my condition will get progressively worse and none of us can ever know what is going to happen to us at any time. That car accident changed our lives.

"In an ideal world we would all set up Power of Attorney before anything happens, but, at the very least, it should be done as soon as someone suffers any brain injury or illness."

Heather has arranged her PoA and has got behind a campaign launched by NHS Highland, The Highland Council, local solicitors and voluntary organisations to encourage others to do the same.

Failure to have a PoA can result in long delays in accessing necessary services and may mean a longer than necessary stay in hospital because no one has the authority to allow them to be admitted to a care home without a lengthy court process.

A PoA is a written document giving someone else authority to take actions or make decisions on behalf of the person concerned. The individual chooses the person or persons they want to help them, called an attorney, and decides what powers they should have.

They also decide how they want their incapacity decided, so it is clear when they want the attorney to act on their behalf.

Graeme Mackinnon, Highland Council's older adults team manager for South Sutherland and Easter Ross, said, "As a social worker, I realise that many people fail to appreciate that no-one has the automatic right to make welfare or financial decisions on their behalf without legal authority.

"Sadly, I see many people who have become stuck in hospital for many months after being fit for discharge - hospitals are important when we are sick, but we should not have to stay any longer than necessary."

Solicitor Lisa Law, of Innes and Mackay, Inverness, said, "Without a Power of Attorney, your family or friends will have to apply to the courts for a Guardianship Order to allow them to make decisions on your behalf and this can be a lengthy and far more costly process."

Anyone wanting more information should contact NHS Highland's department of medicine for the elderly on 01463 704000 or the Highland Council service centre on 01349 886606.

l.bradshaw@rsjournal.co.uk

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