Powers of Attorney Made Simple

Quill Legal Powers of Attorney Solicitors Edinburgh – this short information note outlines the main things you need to understand. Kay Blaikie would be delighted to assist you if you want to know more. Please call 0131 564 1044 or complete our contact form.

What are they?

Formal documents appointing those you trust to make decisions and take action on your behalf if you are unable to do so yourself. Nobody not even your spouse has an automatic right to make decisions on your behalf without appropriate legal authority.

At what age should I grant a power of attorney?

As soon as possible. None of us know what is round the corner. Just like a Will, all of us should have a power of attorney in place and look on it as a type of insurance policy against the future.

What are the different types of powers of attorney?

1. Welfare – care, health and medical matters
2. Continuing – financial and property matters; these powers continue even if you become incapacitated. Very often welfare and financial powers are combined in one document
3. General – more restricted, usually used for the sake of convenience. For example, if someone is travelling abroad or undergoing an operation and not available temporarily to sign documents or make decisions. If the granter later becomes incapacitated the attorney’s powers would end

Who can I appoint?

Someone you trust, a responsible adult over the age of sixteen, your wife or husband, partner, family member, friend or professional. They must be willing to act and in the case of a financial attorney not be bankrupt.

How many attorneys should be appointed?

The best advice is to appoint not only a principal attorney but also a substitute so that if the principal cannot act for any reason you still have an attorney in place.

When can an attorney start acting?

Welfare powers – when you become incapacitated usually as assessed by a doctor. Continuing powers – you can decide whether it should be on registration of the document with the Office of the Public Guardian or if the powers should be suspended until you ask the attorney to act or a doctor certifies that you need assistance.

What is the extent of an attorney’s authority?

Attorneys can be given powers to act together or independently or both. The Code of Practice available on the Office of the Public Guardian website outlines the principles which attorneys must follow, keeping records and always acting in your best interests. An attorney cannot be given powers to change your Will. Kay Blaikie, power of attorney lawyer in Edinburgh, can help to explain all of this to you in more detail. Please contact her on our telephone number 0131 564 1044 or by completing our contact form.

What would happen if there was no power of attorney in place and I became incapacitated?

It may be necessary to apply to the court to grant a guardianship order. This would take some time and be expensive as well as being stressful for family members.

How long will the power of attorney remain in force?

The powers will be available until your death or the power of attorney is revoked or cancelled by you, the attorney resigns or in the case of a financial attorney he or she becomes bankrupt.

Can I change my attorneys or their powers?

You can make minor changes by contacting the Office of the Public Guardian Scotland and requesting that they update their records, for example with a new address. If you still have capacity you can change the powers in the document or revoke it altogether but these types of significant adjustments would have to be dealt with legally and involve a solicitor or medical practitioner completing a certificate of capacity.

Practicalities – how to apply for power of attorney? how do I get a power of attorney? how long does it take?

Quill Legal Powers of Attorney Solicitors Edinburgh and Scotland would be happy to answer all these questions and more. Please contact us by telephoning 0131 564 1044 or by completing our contact form.