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If you lose capacity, because of an accident or illness for example, no one has an automatic right to make important decisions on your behalf – not even a relative. However, with a Power of Attorney (PoA) you can appoint family members or close friends to look after your affairs in case you become incapable of managing them yourself.
We understand it’s not pleasant to think that one day you might be unable to make decisions about your life. However, a Power of Attorney gives you control over your future in case something unfortunate is to happen to you, as well as peace of mind that your best interests will be protected by someone you trust.
If you’re thinking about arranging a Power of Attorney, you should instruct experienced solicitors as they’ll ensure the document is valid and effective. At Claphams, we’ve helped many clients put sufficient plans in place in case they become incapable of dealing with their own affairs.
A Power of Attorney is a written legal document which gives someone else the authority to make decisions on your behalf regarding your finances and/or personal welfare. The Power of Attorney names the people who you wish to manage your affairs (usually relatives, close friends and/or a solicitor) – known as the Attorneys. The document also details the specific powers that your Attorneys have, and provides at what point they can begin to act for you.
Your Power of Attorney can give instructions on managing your money and property (a Continuing Power of Attorney) or your health and welfare (a Welfare Power of Attorney) – or both. For example, you may wish your Attorneys to have the power to make decisions regarding your pension, selling your house, and also where you should live.
Your Power of Attorney should be drafted clearly and it must comply with the relevant legal requirements.
There’s a lot to think about when arranging a Power of Attorney: who would you want to manage your affairs? How many Attorneys should you appoint? Do you want your Attorneys to make decisions concerning your finances, personal welfare or both? It’s also important that the powers you give to your Attorneys are sufficient to deal with all your wishes.
At Claphams, we aim to make the process straightforward and effective. We’ll talk you through all the points you should consider, provide reliable advice for your situation and answer any questions you have fully and clearly. We’ll also deal with all the admin on your behalf, including drawing up your Power of Attorney, completing and signing the required certificate and registering your Power of Attorney with the Public Guardian. View our Power of Attorney technical guidance guide.
To discuss your situation with our approachable team, contact us on 0141 620 0800 or email lawagents@davidcclapham.co.uk.
Find out more about our expert conveyancing Solicitor, Debra Clapham, Editor of the ‘Basic Scottish Conveyancing’ manual.
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