Our empathetic team of private client solicitors located across our offices in East Lothian will help you draw up a comprehensive Power of Attorney to ensure that you and your loved ones have peace of mind.
Don’t leave it too late, let us advise you today about putting this critical legal document in place tailored to your needs. Ensure that you are well-prepared for whatever challenging circumstances life brings.
What is a Power of Attorney?
A Power of Attorney (POA) allows you to legally appoint a trusted friend, relative, or solicitor to act on your behalf if you are unable to make decisions in the future around matters such as property, finances, health, and welfare.
It is a proactive step that allows you to prepare for unforeseen circumstances such as instances of ill health, dementia, or a serious accident and can be created at any stage in life.
The person who gives the powers is the grantor, and the person who is given the powers is the attorney. You can choose more than one person, but when doing this, consider their relationship.
What are the Types of Powers an Attorney can Have in Scotland?
There are two types of POA in Scotland:
- Continuing Power of Attorney (CPA): Empowers an individual to handle your financial and property matters. This could encompass settling debts, buying or selling property, or claiming benefits on your behalf. You have the flexibility to determine when the CPA comes into effect.
- Welfare Power of Attorney (WPA): This is related specifically to decisions around your health and welfare where you are unable to make them. It can involve determining what medical care you receive or about where you will live.
A WPA takes effect when you are no longer able to make decisions yourself, and you can in advance specify who will determine that you have reached this stage.
You can name the same Attorney in each should you wish.
Why is a Power of Attorney important?
- It protects your interests: Granting someone you trust the authority to make decisions on your behalf ensures that your wishes will be met, and your welfare protected.
- Gives you financial peace of mind: With your financial affairs managed, you can be assured that your bills are paid, and assets maintained.
- Advocates for your health: Critical decisions can be made on your behalf relating to your health, such as surgery, end-of-life treatments, and medical care. It ensures that your health wishes are met when you are unable to communicate or act independently.
- Avoids legal complications: If you don’t have a POA, your family may face costly and lengthy court proceedings to obtain authority to act on your behalf. The Court would then decide who to appoint and what powers they have, it is likely that this person would need to apply every few years to renew this position. This can be a very stressful and emotional experience.
How do I set up a Power of Attorney?
Our trusted and compassionate team at Garden Stirling Burnet can help you to write a Power of Attorney that reflects your wishes. Carefully guiding you through the process, they will listen to your concerns and answer any questions to ensure that nothing is left out. Once completed, the document will be sent to the Office of the Public Guardian to be registered.
You can of course write a POA yourself, but if you do miss out any information, or it is unclear it could lead to far-reaching complications and make it not legally enforceable.
Can They be Changed?
Yes, you can revoke your original POA and replace with a new one, if you want to make any significant changes such as replacing your Attorney.
For smaller administrative amendments, talk to your solicitor about these. Of course, you must be capable of making and understanding these decisions.
Write your Power of Attorney with Garden Stirling Burnet
Alleviate any future stress and worry and speak to our private client team about putting a Power of Attorney in place.
Your peace of mind is just a phone call away, so get in touch today.