National Power of Attorney Day
As today is National Power of Attorney Day it is a good time to discuss the importance and benefit of having a Power of Attorney in place.
It is a common misconception you only need a Power of Attorney when you grow older or if you develop syndromes or diseases such as Dementia or Alzheimer’s. While having a Power of Attorney is important if you develop such illnesses there are a variety of situations it can be beneficial if you become incapacitated, even temporarily – whether through age, illness or injury or simply being out of touch, for example being out of the country.
In this blog we will consider some frequently asked questions on Power of Attorneys and the benefits of having one in place.
What is a Power of Attorney?
A Power of Attorney (PoA) is a document in which you appoint a person or people to deal with your affairs on your behalf. It is a written document which includes a certificate signed either by a solicitor who is registered to practise law in Scotland or by a registered UK medical doctor who holds a licence to practise. A PoA allows you to plan what you want another person to do for you in the future, should you become incapable of making decisions about or administrating your own affairs.The PoA lists all of the specific individual powers you wish your attorneys to have.
Why should I have a PoA?
Every adult can benefit from having a PoA. Many people think a PoA is only required for when you grow older but a PoA can also be helpful should you have an accident or illness that leaves you temporarily incapable or if you are out of touch or unable to sign documents, for example selling a property while you are out of the country. The PoA is not automatically activated so preparing it now doesn’t mean others can make your decisions now.
If you do not have a PoA and become incapacitated, no one has automatic rights to manage your affairs. A court order for legal guardianship would need to be applied for which can be a costly and lengthy process. If a legal guardianship is put in place, you have no control over who is appointed and what powers they have.
Who gets the power to make my decisions?
That’s up to you as you choose your attorney or attorneys. You should choose someone you trust and who knows you and your views and has a knowledge of your affairs. Often people choose a family member, but it doesn’t have to be. Any action your attorney takes should be in your interest and to benefit you.
Does my attorney have control over everything?
There are 3 types of PoA. Continuing, Welfare or Combined.
Continuing gives power over property and money which may include paying bills on your behalf or accessing bank accounts.
Welfare gives power over health and welfare which may include decisions over where you live or in relation to medical treatments.
Combined is the most common form and gives most of the powers needed when someone is not able to make decisions for themselves.
Does a PoA automatically give my loved ones the authority to make my decisions?
No. There are a variety of reasons a PoA can be activated. It can be triggered as soon as it is registered or when the grantor decides. Alternatively, if it is determined by a medical professional that the grantor is unable to manage a particular aspect of their life. A PoA can be applied to specific areas, for example, handling someone’s financial affairs and your capacity may fluctuate so your attorney should understand when you have or don’t have capacity.
How do I get a Power of Attorney?
At Deans Solicitors and Estate Agents LLP, our experts are on hand to offer advice on types of Power of Attorney and can write and register a Power of Attorney for you. Get in touch today for more information.
Call 0131 667 1900 or email mail@deansproperties.co.uk