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Powers of Attorney Scotland, Are a firm located in Paisley, Renfrewshire, we specilize in Powers of Attorney, Welafre Powers of Attorney & Continuing Powers of Attorney.
Contact us on 0141 887 7971
There has been a lot in the news recently about a change in the law allowing people to grant Enduring Powers of Attorney. This recent change in the law actually refers to English and not Scottish law. It has been possible to grant a very similar type of Power of Attorney in Scotland since the year 2000.
The first question that needs to be answered is what is a Power of Attorney and when do you grant one? A Power of Attorney is when you nominate somebody you trust to carry out your affairs on your behalf. For example if you were going to live abroad for a couple of years you could appoint somebody to take care of your affairs whilst you were out the country.
Alternatively you may become housebound and may need somebody to arrange affairs on your behalf e.g. working your bank or building society accounts.
Under the laws of Scotland it has always been possible to grant a Power of Attorney. Until 2000 the major flaw with a Power of Attorney was that the powers under it immediately fell as soon as the grantor lost legal capacity. Therefore if somebody became incapacitated through say dementia the Attorney would lose his powers at a time when his powers would perhaps have become even more essential. Previously to remedy this situation the attorney’s powers could only be restored by court approval which was a costly and lengthy procedure.
Now under new legislation called Adults with Incapacity (Scotland) Act) 2000 it is possible to grant a Power of Attorney which will continue its powers after the grantor has lost capacity whether on a temporary or permanent basis.
There are three types of Powers of Attorney which can be granted in Scotland. These are a Continuing Power of Attorney and a Welfare Power of Attorney. or a continuing welfare power of attorney, which as the title suggestsis a combination of the other two. A Continuing Power of Attorney lets your Attorney deal with your financial affairs whereas a Welfare Power of Attorney lets them make decisions about your personal welfare. If you wish your Attorney to have both types of power a Continuing and Welfare Power of Attorney would be appropriate.
If a Continuing or Welfare Power of Attorney or both is not in place and somebody loses their capacity a court order called a Guardianship Order or Intervention Order has to be obtained from the Scottish Courts. Once the Order has been set up the representative of the incapacitated person has to report to the Office of the Public Guardian (a government body). To obtain such an order is a costly and lengthy procedure. In addition even when the order has been granted there will continuing administrative fees to be paid to the Office of the Public Guardian throughout the duration of the Order.
People often believe that it is only elderly people with the risk of dementia who should be thinking of drawing up such a Power of Attorney. Really every adult in Scotland should consider having one. Although it does not bear thinking about, but what if you were run over by a bus and were in a coma for 2 months. Unless you had some form of Power of Attorney it would be impossible for your nearest and dearest to manage your affairs during your illness, without costly court proceedings being required.
Equipped with this information hopefully the reader will realise the importance of having some form of Continuing Power or Welfare Power of Attorney. It is always important to draw up a Will but it is of equal importance to draw up a Power of Attorney with a continuing power.
Contact us today for a consultation, and we shall provide the best way forward regarding your Powers of Attorney. We offer consultations at home, along with Hospital & within our office.
Our firm is based in paisley, Renfrewshire & deal with all cases, including Powers of Attorney, Lasting Powers, Wills, Care for the Elderly, Scottish Law, Mental Health, Living Wills, Guardianships, Financial Affairs, Civil Court Work.
Telephone 0141 887 7971
Fax 0141 887 5561
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