Power of Attorney – It’s for people like you

Scotland’s health and social care partnerships have come together to mark Power of Attorney Day (Thursday 29 September), encouraging anyone over the age of 16 to register.

Whether brought about by serious illness, accident or injury, mental health issue, or dementia diagnosis, distressed families, friends and partners frequently discover they have no automatic legal rights to direct the medical welfare or financial affairs of a loved one who can no longer make these decisions for themselves.

In such cases, a court-appointed Guardian usually steps in to oversee their welfare. The only officially recognised way to ensure a trusted family member or friend is legally empowered to oversee their loved one’s affairs is to have a Power of Attorney (PoA) registered with Scotland’s Office of the Public Guardian.

Anyone aged over 16 years can grant a Power of Attorney, either solely addressing their welfare or financial affairs or combining both in a single document.

10 Facts about Power of Attorney

1. Power of Attorney isn’t just for older or unwell people. Anyone can be affected by an injury or illness at any stage of life.
2. Power of Attorney can be granted to anyone over 16 years that you trust and who is willing to take on this responsibility – eg. a partner, spouse, sibling, child, friend or colleague. You can appoint more than one ‘Attorney’ to act on your behalf.
3. Without a Power of Attorney in place, your family, friends or partner have no legal rights to direct your welfare, or step in to oversee your financial or welfare affairs.
4. There are two types of Power of Attorney – one that grants ‘Welfare powers’ such as issues related to your health, and one for ‘Financial powers’ to manage your money and pay bills. You can choose to grant either power, or both, to your trusted ‘Attorney/s’
5. Though lawyers are often involved, some regional carers’ support groups have volunteers to help prepare your Power of Attorney.
6. The Scottish Legal Aid Board can advise whether financial assistance is available to people on modest or low incomes to access a Legal Aid solicitor to help draw up their Power of Attorney.
7. Having a will in place does not authorise your named executor to act on your behalf should you become incapacitated for any reason – you need a Power of Attorney.
8. Power of Attorney is a ‘Living Document’ – i.e. it applies during the lifetime of the person authorising its creation. Should that person pass away, all authorisations granted to their Attorney/s come to an end. Power of Attorney does not carry on, after their lifetime, to serve in the place of a will.
9. Solicitors and medical professionals are empowered to sign and legally authorise Power of Attorney documents, and will likely charge a fee for this service
10. All Powers of Attorney must be registered with the Office of the Legal Guardian (Scotland), for which a fee of £83 applies, however those on low or modest incomes or receiving certain types of benefit may be exempt from paying this charge.