As April approaches, it is the perfect time to focus on organising and tidying not just our homes but our personal affairs too. An important tool in doing so is granting a Power of Attorney.

What is a Power of Attorney and why is it important?

In Scotland, everyone over the age of 16 has the legal capacity to make decisions. A Power of Attorney is a legal document that allows someone to make decisions on your behalf if you become unable to do so, and they can support you in the management of your finances.

A Power of Attorney will provide you with peace of mind, as you know you will have the support of someone you trust if you cannot make decisions for yourself. Your attorney will have the information necessary to make decisions on your behalf in confidence. A Power of Attorney is not just for the older generation. If you own your own home, have children, or have poor health, this tool applies to you.

If an attorney is not put in place, this can put additional stress and pressure on your family and friends. Some may feel excluded from making decisions about a loved one. Other times, there may be disputes within a family on how finances are handled. Further, if you lose capacity and therefore cannot make decisions for yourself. A person may need to apply for a Guardianship order, which can be a long and expensive process. The person who is appointed in the end may not be the person you would have chosen, and they may not know what your wishes would have been.

What Kind of Power of Attorneys are available?

A Continuing Power of Attorney enables a person(s) to look after your property and financial affairs. Continuing powers could involve the management of bank accounts, claiming benefits on your behalf or even selling your property. This can take effect either straight away or only when you lose capacity.

A Welfare Power of Attorney enables a person(s) to make decisions about your health and welfare only if you cannot do this themselves. This may include medical treatment, what you will eat and what you will wear.

A Combined Continuing and Welfare Power of Attorney enables a person(s) to look after both your financial affairs and health and welfare decisions.

Should I have more than one Attorney?

It is important to note that, there is an opportunity to provide what is known as a ‘substitute attorney’, this person will act in the event the attorney cannot. For example, if the chosen Attorney predeceases you, they no longer have the capacity or simply decline to act.

The Registration Process

It is important to note that a Power of Attorney must be registered with the Office of the Public Guardian in Scotland. The Office of the Public Guardian aims to process applications within 30 days. However, there is currently a significant backlog. Nevertheless, if you are in a situation where it is urgent there is an expedited registration service available.

If you already have a Power of Attorney in place this should be reviewed periodically to ensure all information is up to date. If this is not the case, we can assist in this matter.

Conclusion Solicitor Advice

Therefore, it is clear that a Power of Attorney is an important tool in spring cleaning your personal affairs. Selecting the appropriate Power of Attorney requires considerable thought. Complete Clarity and Simplicity Legal provides comprehensive legal advice regarding the appointment of a Power of Attorney. Our knowledgeable solicitors will aid you in the development of this legal document, which will delineate your unique requirements and circumstances. We can provide an initial consultation with a solicitor. You can make an appointment by calling 0141 433 2626.