When planning for the future, many people focus only on making a will. While a will is important, it does not protect you during your lifetime if you become unable to make decisions.
In Scotland, only a small percentage of people have a registered Power of Attorney, despite how important it can be. A Power of Attorney helps ensure that someone you trust can step in to manage your affairs if illness, injury, or incapacity occurs. This guide explains why making a Power of Attorney matters, regardless of your age.
Key takeaways:
Choose Who Helps You: A Power of Attorney lets you appoint someone you trust to make decisions for you if you’re unable to.
- Avoid Court Delays: Without a POA, your family may need to go through a long and expensive court process to manage your affairs.
- Protection from Exploitation: It reduces the risk of abuse or manipulation by ensuring only trusted people have legal authority.
- Flexible and Customisable: You decide what powers your attorney has, how long the POA lasts, and who handles different responsibilities.
- Peace of Mind: Knowing your affairs will be handled your way brings comfort and reduces stress for you and your loved ones.
What is a power of attorney?
A Power of Attorney (POA) is a document that allows you to appoint another person to act on your behalf if you are unable to do so yourself. The document features statements called ‘powers’ that allow the chosen person to make specific decisions on your behalf.
The person granting the powers is known as the Granter, and the person appointed is the Attorney. Powers can relate to financial matters, property, health, or personal welfare, depending on what you choose to include.
The attorney can be anyone – a spouse, children, live-in partner, family member, or friend – who you trust to act on your behalf. This could be restricted to certain aspects of your affairs, such as financial or property matters, health or personal welfare matters, or a combination of some or all of these matters.
Types of power of attorney in Scotland
There are three different types of Power of Attorney in Scotland. If you’re unable to decide which one is right for you, our expert team can assist you with that.
1. Continuing Power of Attorney (CPA)
It gives your attorney the power to deal with financial and/or property matters. They can use it as soon as the POA document has been registered with the Office of the Public Guardian (Scotland).
If the powers under the POA are only to be used in the event of your incapacity, then the document must specifically mention that they can’t be used until that time. You can add a statement regarding who should decide about your incapacity.
2. Welfare Power of Attorney (WPA)
It gives your attorney the power to decide on your health or personal welfare matters. This power only applies after the POA has been registered with the Office of the Public Guardian (Scotland), and you can no longer decide on the matters the powers apply.
3. Combined Power of Attorney
It gives your attorney both continuing and welfare powers. Most POAs filed with the Office of the Public Guardian (Scotland) are a combination of continuing and welfare powers. However, you’re free to decide what type of POA you wish to grant.
How Much Does a Power of Attorney Cost in Scotland?
There are two types of costs involved in making a Power of Attorney.
The Office of the Public Guardian charges £96 to register each Power of Attorney document. This fee covers both types of Power of Attorney, so if you have both a Continuing (Finance) and a Welfare Power of Attorney, the total application fee will be £96.
In addition, there are legal costs if you decide to use a solicitor to help you. Fees can vary a great deal between lawyers, with some charging up to £1,000 + VAT.
Our fees are far more competitive, at ILAWSSCOTLAND, we charge an all-inclusive fee of £375 per person for a Power of Attorney with both continuing and welfare powers. This includes VAT and a £96 registration fee.
Why Making a Power of Attorney Is So Important
You might think that you don’t need to worry about a POA since you have a partner, parent, sibling or child who will take care of it for you, but legally, that isn’t how it works. Here are the top five reasons why having a POA is extremely important:
1. Control Over Decisions:
With a power of attorney in place, you have control over your decisions. That’s because you choose a reliable and trustworthy person to act on your behalf. This person (attorney) is well aware of your wishes and desires and is able to act on them.
They can handle a lot of things for you, such as managing your finances (POA for finances), taking care of your property, and making decisions about your health (POA for health care decisions). A personal power of attorney ensures that your preferences are honored even if you are unable to speak for yourself.
2. Avoiding Court Processes:
Without a Power of Attorney, things can get difficult. When you become incapable of making decisions, the court might appoint someone you don’t want or don’t know well. It’s possible that this person might not understand or respect your wishes.
The process itself can be quite expensive and time-consuming. This can cause stress for your family. They might have to do a lot of paperwork and attend hearings. That’s why it’s better to pick someone yourself. It keeps things clear and easy. It also helps prevent misunderstandings and disputes in your family.
3. Protection Against Exploitation:
Have you ever been concerned that someone might exploit you? Yes, exploitation happens when you don’t have a Power of Attorney in place. Without one, some other person could make decisions for you that may not be in your best interests. Sometimes, they might try to trick you into doing things you don’t want to do.
But with a POA, you get to choose someone whom you can trust so that no one exploits you when you’re at a vulnerable phase. Your attorney will act on your behalf, protecting you from potential exploitation and making sure your wishes are acknowledged.
4. Flexibility and Personalisation:
A POA is a flexible document. You may modify it depending on your needs and preferences. This means you have complete control over the power you grant to your attorney. It’s not necessary to give them control over everything. It’s up to you to decide what they can and cannot do.
You might want your attorney to manage your finances but not health matters. Or maybe you want them to look after your business but stay away from property matters. You can also choose multiple attorneys. They might share the responsibilities or manage totally different aspects. You can also set limits to how long your POA will last. It may be for a specific period, or it can last until you decide to revoke it.
5. Peace of Mind:
You have peace of mind when you know that someone you trust is in charge of your decisions when you can’t make them. You don’t need to be concerned about what might happen to your money or health. That’s because if something happens, you know your attorney will step in. They will take care of your assets, finances, and well-being as you wish.
In short, a Power of Attorney offers security. It eases your and your loved ones’ lives. By planning ahead, you can relax, knowing that your affairs will be in safe hands and everything will be taken care of. This peace of mind is priceless.
On a Final Note
A Power of Attorney is one of the most important steps you can take to protect yourself and your future. It ensures your affairs are managed according to your wishes if you are unable to act yourself.
If you have any doubts or need help making a Power of Attorney, you can hire ILawsScotland. For over 30 years, we have been helping people to set up a Power of Attorney. Our professional team will help you draft the documents required to create the POA. They will take care of all the things till the process is complete. Get in touch with us to discuss your POA requirements now.
FAQs:
1. Why do I need a Power of Attorney if I already have a will?
A will applies after death. A Power of Attorney protects you during your lifetime if you become unable to make decisions.
2. Who can I appoint as my attorney?
You can appoint any trusted adult, such as a spouse, partner, child, close friend, or a solicitor.
3. What decisions can an attorney make?
Depending on the powers granted, an attorney may manage finances, property, health, or personal welfare matters.
4. What happens if I lose capacity without a Power of Attorney?
Without a POA, your family may need to apply for guardianship through the courts, which can be stressful, costly, and time-consuming.
5. Can a Power of Attorney be changed or revoked?
Yes. As long as you have capacity, you can amend or revoke your Power of Attorney at any time.
