As solicitors working locally with individuals and families across the Highlands, we regularly see the reassurance a Power of Attorney can provide and the difficulties that can arise when one is not in place.
What is a Power of Attorney?
In simple terms, a Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions for you if you are no longer able to do so yourself. This may relate to your finances, your property or your welfare. Individuals typically appoint their Spouse, children or siblings; the key thing is that you appoint someone you trust.
Many people believe that once they sign a Power of Attorney, they no longer have control over their life. In reality, it is actually the opposite. Putting in place a Power of Attorney allows you to retain control. It allows you to decide in advance who will deal with your affairs and in what manner.
It is important to note that the Power of Attorney only comes into play when you have lost capacity (or prior to you losing capacity with your express consent but only in relation to financial/property matters).
Many people assume that a Power of Attorney is designed only for older people, or those in poor health. In reality, incapacity can arise unexpectedly at any stage of life, through illness or accident. Another common misconception is that family members can ‘step in’ and make decisions if needed about the incapacitated person’s finances/welfare. Unfortunately, this is not the case without a Power of Attorney already in place.
Why Do I Need One?
Without a Power of Attorney already in place, loved ones may face significant delays, costs and stress in applying for Guardianship through the Courts for the incapacitated person, at what is already a difficult time.
By contrast, having a Power of Attorney already in place ensures that decisions can be made quickly and in line with your wishes. It also allows you to choose the people you want to act for you in that situation, as opposed to any individual with an interest in your affairs applying to the Court to be appointed as your Guardian.
Highland Power of Attorney Month is an excellent opportunity to take that next step, ask questions, and put plans in place.
It is a straightforward process, and taking advice early can ensure that your Power of Attorney document is tailored to your exact circumstances and needs.
Planning ahead is one of the most practical and important things you can do, and often one of the most appreciated by those closest to you.
If you’re unsure where to start, our team at Thorntons Law is always happy to have an informal chat and guide you through the process. For more information, call our specialist Private Client team on 03330 430150.
