The recent and widely reported circumstances surrounding explorer Sir Ranulph Fiennes have brought the role of attorneys and the potential for family disputes into sharp focus.
Sir Ranulph Fiennes was diagnosed with Parkinson's disease in 2020. According to various media reports, concerns have been raised by some members of his family regarding decisions being made under a Lasting Power of Attorney for Health and Welfare held by his wife, Louise Millington-Cotes. Reports have also suggested that restrictions have been placed on contact between Sir Ranulph and certain family members.
It is important to note that many of the details reported publicly remain allegations and are the subject of disagreement between family members. It has been reported that there are no immediate safeguarding concerns following enquiries into Sir Ranulph's welfare. It has also been indicated that proceedings have been raised before the Court of Protection in England relating to decisions made by the attorney.
While it would be inappropriate to comment on the merits of any ongoing dispute, this case highlights some of the difficulties that can arise where family members disagree with decisions being made by an attorney on behalf of a vulnerable adult.
What is a Power of Attorney in Scotland?
A Power of Attorney is a legal document which allows an individual (the "granter") to appoint another person or persons (the "attorney(s)") to make decisions on their behalf, if they themselves become incapable of managing their own affairs. The document is often used as part of future planning, ensuring that trusted individuals can assist with financial matters and personal welfare decisions.
In Scotland, Powers of Attorney generally fall into two categories: Continuing Power of Attorney and Welfare Power of Attorney.
The responsibilities of an attorney
Under the Adults with Incapacity (Scotland) Act 2000, attorneys must act in accordance with the statutory principles of the legislation. Decisions should benefit the adult, be the least restrictive option available, take account of the adult's wishes, and consider relevant family views where appropriate.
What can families do if they disagree with an attorney’s decisions?
Concerns may be referred to the Office of the Public Guardian, local authorities, the Mental Welfare Commission, or ultimately the Sheriff Court depending on the nature of the concerns. Court intervention generally requires evidence of improper conduct or actions contrary to the adult's interests.
Practical considerations when appointing an attorney
Particular care may be needed where there are blended families, adult children from previous relationships, or longstanding family tensions. Consider appointing more than one attorney, appointing substitutes, leaving written guidance, discussing wishes with family members, and reviewing arrangements periodically.
How careful planning can help reduce Power of Attorney disputes
The most effective safeguard is often careful planning at the outset. Choosing trusted attorneys, making your wishes clear and considering family relationships are important steps. Whether you are planning ahead or have concerns about decisions being made by an attorney, trust our experts to advise you on your options in Scotland. Make an enquiry to speak to our team.
