Powers of Attorney and Guardianships
If you may need someone else to manage your affairs, or if you become unable to do so yourself for whatever reason, you may appoint someone to act as your Attorney or, in some circumstances, a Guardian can be appointed. There are safeguards in place to ensure that appointed Attorneys and Guardians act in accordance with their duty and they are regulated and overseen by the Office of the Public Guardian .
We have experienced people who can advise on the best course of action for your individual circumstances, deal with the relevant Power of Attorney forms and other documentation, and liaise with the Office of the Public Guardian for you.
What is a Power of Attorney?
A Power of Attorney is a document appointing someone to act on your behalf for specific purposes. There are different types of Powers of Attorney, which reflect the different purposes and reasons for appointing someone to act for you. For example, if you are going abroad or will not be available to deal with transactions, you may appoint someone to deal with specific matters. Attorneys can also be appointed to deal with welfare issues or financial matters in the event of you being unable, due to mental health problems, to make such decisions yourself.
Why do I need a Power of Attorney?
Rather like taking out an insurance policy, putting a Power of Attorney in place provides a stable building block when planning for the future. You can be assured that your affairs will be taken care of by people you trust, should you be unable to take care of them yourself. The appointment need not take effect until a doctor has certified you as being incapable of managing your own affairs – if you do not have this in place beforehand, the process for appointing an attorney or guardian can be lengthy and costly.
Financial Power of Attorney
This will allow your appointed attorney to take care of day-to-day matters such as paying bills. You may wish to consider a financial Power of Attorney if you are abroad for a period of time or, if for example, your vision is impaired, or you are otherwise physically unable to deal with financial matters.
Welfare Power of Attorney
A welfare specific Power of Attorney allows the appointed person or persons to make decisions regarding your personal welfare on your behalf, such as consenting to medical treatment or arranging care.
Combined and Continuing Power of Attorney
Combined Powers of Attorney encompass both welfare and financial powers. Continuing Powers of Attorney remain in place in the event of you being certified by a doctor that you are not capable of managing your own affairs.
Who should you appoint?
You can appoint up to four people to act as your attorneys. Most importantly, you should appoint someone you trust; perhaps a family member, close friend or a professional person. You may wish to consider appointing one of our solicitors as an attorney. Remember that the appointment need not be immediately effective – you can specify that it only comes into effect in the event of a doctor certifying you as unable to manage your own affairs.
Guardianships
If no Power of Attorney is in place, and a family member or close friend is unable to deal with their own affairs as a result of a mental or physical incapacity, it is possible to have a guardian appointed. This is done by application to the sheriff court.
Guardians can be given the authority to take care of both financial and welfare matters. Alternatively, their appointment can be restricted to a one-off specific matter.
Applying for guardianship can often be a complicated and lengthy process. We can guide you through the process, offer you tailored advice and take care of the formalities making the procedure less stressful for you.
Contact one of our experts for advice and help.