Managing Incapacity: The Importance of a Power of Attorney – A Client’s Journey

The Power of Attorney (PoA) offers many valuable benefits, especially to individuals who find themselves incapacitated. This story about one of our clients at Quill Legal illustrates the significance of having a PoA in place.

Several years ago, I assisted “Sarah” (not her real name), a then 69-year-old widow, with drafting her Will and registering her Power of Attorney. Regrettably, Sarah suffered a severe stroke later on, which left her temporarily incapacitated and unable to manage her financial affairs or communicate effectively.

Fortunately, Sarah had wisely appointed her son and daughter as joint attorneys for both her financial and welfare matters prior to her health crisis. As a result, they were able to intervene promptly and effectively manage her financial matters during this challenging period. They oversaw her banking activities, paid her bills, and made necessary financial decisions on her behalf. Equipped with welfare powers, they collaborated with healthcare providers to ensure Sarah received the critical medical attention she needed.

Without a PoA in place, Sarah’s children would have faced a myriad of obstacles, potentially delaying vital decisions and compromising the management of her affairs. However, thanks to the foresight in granting a PoA, her children were empowered to act in her best interests, ensuring smooth administration in line with her wishes.

After an arduous recovery period, Sarah regained sufficient capacity to resume control of her own affairs. This case is a compelling example of how a Power of Attorney can offer a practical solution for those who may become incapacitated and require assistance in managing their affairs.

If you would like to consider granting a Power of Attorney or to find out more please contact Kay Blaikie at Quill Legal by telephone: 0131 564 1044 or by email : kay@quilllegal.co.uk