The Importance of a Power of Attorney

Posted by Janice on December 21st, 2020

What Is A Power Of Attorney

A Power of Attorney is a legal document that allows someone to make decisions on your behalf when you are unable to do so yourself due to ill-health or an accident. All adults in Scotland can grant someone or several people that they trust to be their attorney. 

There are 2 types of Power of Attorney:

• Continuing Power of Attorney -  authorising your Attorneys to make decisions to do with money or property
• Welfare Power of Attorney - authorising your Attorneys to make decisions about your health and personal welfare. 

You can grant different people to act on your behalf for each type of Power of Attorney. 

Why Do You Need A Power Of Attorney?

As an adult, making decisions for ourselves is something we all take for granted, but what happens if you lose the capacity to look after your finances or welfare? This could happen to any of us at any age suddenly and unexpectedly a result of an accident or of ill-health.

It is also a sad fact that 1 in 3 of us will suffer from dementia.

Whatever your age it is important to take time now to grant a Power of Attorney in favour of someone you trust. Being prepared will give you and your family peace of mind if they are needed to make decisions on your behalf.

Many people think that a family member, a spouse, civil partner or child, will automatically be able to make decisions for them but that is not the case.

Unless you have a Power of Attorney your family does not have the right to make decisions on your behalf.

If you are unfortunate enough to be one of the 1 in 3 who develops dementia and you do not have a Power of Attorney, your family members may have to go to Court to obtain the legal authority to act on your behalf.

A Power of Attorney makes sense. By getting a Power of Attorney, you have the right to choose someone who you trust to make specific decisions on your behalf if you need help or if you lose the ability to make decisions yourself.

How Do You Grant A Power Of Attorney?

A Power of Attorney should be registered with Office of the Public Guardian.

You can write your own Power of Attorney and register it yourself but it is usually recommended to employ a Solicitor to do this for you.  They have the experience to ensure that your document makes sense and is legally binding.

They will discuss your personal circumstances with you to ensure you haven't left anything important out. They will also take the time to ensure that your chosen attorney understands what is expected of them and is happy to take on that responsibility. 

Your solicitor also has to state that you have the mental capacity to understand what you are doing.

At Fergusson Law in Edinburgh, we believe every adult should appoint a Power of Attorney.  We charge a fixed fee for this legal service.