When you grant a Power of Attorney you appoint someone you trust to look after your financial affairs and also, if you choose, they can make decisions on your welfare, such as your personal care and medical treatment.
You grant your Attorney power to do these things for when you are unable to do so as a result of injury or illness. A Power of Attorney can also be useful in the event that you may be working away from home for some time and wish someone else to deal with your affairs while you are away.
Any Attorney appointed by you to deal with your financial matters would have legal authority to deal with your bank, building society, utility providers, mortgage company and credit card companies as well as deal with the sale and purchase of property and any business affairs.
If you have not granted a Power of Attorney and can no longer make decisions for yourself, either the local authority may step in and deal with matters or a family member would require to apply for a Guardianship order. This can cause a lot of unnecessary stress as the process takes time and is costly, therefore, a Power of Attorney is a matter worth considering in advance.
Most people appoint a trusted relative or friend to be their Attorney. You may wish to appoint one person to act initially (such as a spouse or partner) with substitute Attorneys (such as your children or nephews/nieces) who would step in if your principal Attorney is unable to act. You can also choose whether your Attorneys are to work jointly or separately. The only requirements are any Attorney must be over 16 and never have been declared bankrupt.
Continuing and welfare power of attorney documents must be registered with the Office of the Public Guardian (OPG) in Scotland who charge a registration fee of £75.
Contact our Power of Attorney Solicitors, Perthshire and Tayside
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