None of us can predict what the future holds, but we can prepare for it. Granting a Power of Attorney is a proactive step that gives someone you trust the authority to make decisions on your behalf if you become unable to do so. In Scotland, it’s a key part of planning for the unexpected, ensuring your affairs are managed smoothly and in line with your wishes.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows you to appoint another person, your attorney, to manage your affairs. This may include decisions regarding your finances, property, or personal well-being. Some Powers of Attorney remain valid even if you lose capacity, giving you peace of mind that your interests will still be protected. Without one, loved ones may need to apply for a guardianship order through the courts, which can be a stressful, costly, and time-consuming process.
The Different Types of Power of Attorney Explained
There are three main types of Power of Attorney in Scotland:
- General Power of Attorney – Used for specific tasks or time periods but ends if you lose mental capacity.
- Continuing Power of Attorney – Covers financial and property matters and can start immediately or upon loss of capacity.
- Welfare Power of Attorney – Comes into effect only if you’re no longer able to make decisions about your care or living arrangements.
Most people choose a Combined Power of Attorney that includes both continuing and welfare powers.
Choosing Someone You Trust
Appointing an attorney is a personal decision. It should be someone dependable who understands your values and will act in your best interests, often a family member, friend, or solicitor. You can appoint more than one attorney and say whether they must act together or independently. It’s also a good idea to name a substitute attorney just in case.
Putting It in Place
To grant a Power of Attorney, you must understand what you’re doing. A solicitor or doctor must confirm this. The document must then be registered with the Office of the Public Guardian (Scotland) before it can be used. A solicitor can help ensure everything is correctly drafted and fully compliant with legal requirements.
Don’t Leave It Too Late
While we often associate incapacity with ageing, accidents or illness can strike at any time. Setting up a Power of Attorney now gives you and your loved ones peace of mind, knowing that decisions can be made quickly and in your best interests if the need ever arises.
Here to Help
At Pomphreys, our friendly and experienced solicitors can guide you through the process of putting a Power of Attorney in place. We’re here to ensure your future and your wishes are well taken care of. Get in touch with our team today to start the conversation.
