Power of Attorney FAQs

If you become unable to make your own decisions, you will want a person you trust to handle your medical, financial and legal affairs. For this to happen, you need a Power of Attorney. 

Here we look at questions we are frequently asked about Powers of Attorney. For further help with any of the issues below, or for tailored advice on the most suitable power of attorney arrangement for you, contact us today.

What is a Power of Attorney?

A Power of Attorney (PoA) is a legal document appointing someone to make decisions on your behalf. This person is your Attorney. 

Different types of PoAs

The decisions your Attorney can make depend on the type of PoA you have. There are three types:

• Welfare Power of Attorney: decisions about medical treatment, care and end-of-life;
• Continuing (Financial) Power of Attorney: decisions about finances, including property and asset management;
• Combined Power of Attorney: decisions related to welfare and finances.

Will I lose my freedom?

A PoA  is designed to keep you independent for as long as you want to be. A Welfare Power of Attorney only takes effect if you no longer have the mental capacity to make decisions for yourself. It is the same for a Continuing (Financial) Power of Attorney, but you can choose to authorise its use sooner.  

When should I put a Power of Attorney in place?

Often people think they do not need a Power of Attorney until they are older and at risk of capacity-stripping illnesses like dementia. However, there are many situations that could lead to you requiring a PoA much earlier, for instance, a car accident.

You cannot establish a PoA after losing capacity. Without one, it will be much harder for your family to make decisions for you. If you have dependents, they may not be able to access the money they need. In other words, it is never too early to put a PoA in place, but it can be too late. 

Are there alternatives to a Power of Attorney?

If you lose capacity without a Power of Attorney in place, your family will have to pursue a court order to appoint a Guardian. Obtaining a Guardianship Order can take a long time and cost several times more than appointing an Attorney. The Court will decide who will be your Guardian, and it may not be someone you would have chosen.

Who should I choose to act as my Attorney?

You should appoint someone you trust as your Attorney. You might choose a family member, your spouse, a friend or a solicitor. You can choose different people to act under a Continuing (Financial) Power of Attorney and a Welfare Power of Attorney.

You can have more than one person act as your Attorney. Doing so is recommended as the first person you name may be unable to fulfil the role when the PoA comes into effect.  

How do I put a Power of Attorney in place?

You can create a Power of Attorney document without a solicitor, but it is risky.  A PoA has significant consequences and its wording is open to interpretation. Without the right powers, your Attorney will not be able to perform their role correctly.

Having your Power of Attorney properly drafted by an experienced solicitor is vital to ensuring nothing you wish to include is overlooked or ambiguously worded.

Once your Power of Attorney has been drawn up, it must be registered with the Office of the Public Guardian. A solicitor or medical doctor will interview you to confirm that you understand your decision. Your attorney will need to sign a registration form confirming that they are willing to act.

Fees

It costs £81 to register a Power of Attorney document with the Office of the Public Guardian. 

Can I change or revoke a Power of Attorney?

So long as you have capacity, you can change or revoke your PoA at any time. 

Power of Attorney Solicitors in Glasgow and Paisley, Scotland

A Power of Attorney gives you and your loved ones complete peace of mind. Macnairs & Wilson understand that establishing a PoA is a big decision, and we are here to support you through the process. Speak to us about your circumstances today. Call our Paisley branch 0141 887 5181 or our Glasgow branch 0141 551 8185 or get in touch using our online enquiry form.