Before the advent of the Adults with Incapacity Act, people would regularly grant a Power of Attorney as a matter of convenience. This was normally done if someone was routinely out of the country and needed someone at home to sign documents. People who lived abroad but had property and business in Scotland might also grant a Power of Attorney to allow their affairs to be dealt with in their absence.

However, there were issues with traditional powers of attorney because the couldn’t be used if the person who made the power of attorney lost capacity. If they had an injury or illness or accident that prevented them from looking after their own affairs, the power of attorney couldn’t continue.

The legislation was changes to allow for the current versions of power of attorney that can now continue even after the person who granted the power of attorney has lost capacity through illness, accident or injury. The types of powers of attorney you now frequently find are financial and/or welfare powers of attorney. These types of power of attorney are registered with the Office of the Public Guardian (Scotland) and, because of that, continue even if the person who granted the power of attorney were to be come incapacitated as a result of illness, accident or injury.

Let us also be very clear at the outset. Granting a power of attorney doesn’t mean you can’t look after your own affairs. You can continue to deal with all your own affairs even after you’ve granted a power of attorney. Where it does come to the fore is when you are no longer able to look after your own affairs – and you can actually specify that it only becomes effective if that should happen.

There is also some who think that you don’t need to grant a power of attorney until you reach old age. Accidents and illnesses can happen at any stage of your life. You don’t want to be in a position of being incapacitated but have nobody who can properly look after your affairs. If you don’t have a power of attorney in place and something like this happens, you’ll put enormous pressure on your loved ones. They have to pick up the pieces at a very difficult time and administering your affairs on top of that can make life almost unbearable!

Putting a power of attorney in place is almost like having a lifetime insurance policy – it’s there when you need it – and, if you don’t, well it was there anyway, just in case,

If you would like to know more or would like help in making a power of attorney, please get in touch with us today.