The potential benefits of putting in place a Power of Attorney
should not be underestimated.
This important document ensures the continuing administration
of personal and business affairs should an individual become incapable
of dealing with their affairs at any stage of their life.
Incapacity can arise at any time, either as a consequence of accident
or illness and it may be either temporary or permanent. In all
these situations, a trusted person or persons can deal with matters
on behalf of the client providing they have the necessary authority
to do so. There is very little which one individual can do in the
name of another without running into difficulty, for example, because
of data protection and other “red tape”.
What is it?
It is a written document giving someone else authority to take
actions or make decisions on your behalf.
You choose the person you want to help you, called an attorney,
and decide what powers the attorney should have. You also choose
how you want your incapacity to be decided so that it is clear
when you want your attorney to act for you.
What does it do?
It lets you say who you want to look after your affairs and what
you want your attorney to be able to do for you if you are incapable
of doing so for yourself.
It can be comprehensive enough to cover everything from paying
bills and dealing with bank accounts and investments, to more complex
matters such as maintaining the family, inheritance-tax planning,
completing tax returns, even raising an action against someone
else if incapacity was a consequence of another’s negligence.
What does incapable mean?
Someone’s capacity could be impaired gradually or suddenly
as a result of an accident or illness. A medical doctor will be
able to say whether or not that person is incapable.
Why do I need a Power of
Attorney (PoA)?
It lets you plan what kind of things you want someone to do for
you in the future.
What would happen if I did not
have a PoA?
Your family or friends may have to go to court to get the authority
to act on your behalf.
Would my partner or family be able
to help without a PoA?
No, no one has the automatic right to take actions on your behalf
without legal authority.
Is a PoA not for older people?
No, nobody likes to think that they may not be able to look after
themselves but accidents or illness can happen to anyone.
Is a PoA not for people with lots of
money?
No, it is not just about looking after money/property it can also
let you plan who should decide personal welfare issues for you.
What kind of things can I put in a
PoA?
You can include things to do with money or property only (called
a Continuing PoA) or just decisions about your health or personal
welfare (called a Welfare PoA) or both.
Who can I appoint as my attorney?
You can appoint a family member or a friend or a professional
person. You can appoint someone to deal with your financial matters
and someone different to deal with your personal welfare.
What happens to my PoA?
It must be registered with the Office of the Public Guardian (OPG)
before it can be used, even if you are still capable of doing things
for yourself. Once you have drawn up your PoA and make sure the
correct certificate is signed it is ready to be sent to the OPG
along with a registration form saying your attorney is happy to
act for you. We will register the PoA on your behalf.
What does the OPG do with my PoA?
The OPG keeps your signed PoA and sends a copy with a certificate
to whoever sent it in. The OPG also sends you a copy of the PoA.
Can my attorney use my PoA before
I become incapable?
Yes, they can help you with your finances if you want them to
do so but they cannot make decisions about your welfare until you
are no longer able to make those decisions for yourself.
What happens if my partner is my
attorney and we split up?
It depends on the wording in your PoA whether your partner can
still act on your behalf or whether the PoA can no longer be used.
What happens if my attorney becomes
unable to act on my behalf?
If your attorney is not able to act for you then you will need
to draw up a new PoA if you are still able to do so. For this reason
it is usually a good idea to have more than one attorney or maybe
what is called a substitute attorney to step in if your attorney
can no longer do things for you.
What happens if I decide I want to cancel the power of attorney
once it is registered?
You can cancel your PoA or any of the powers granted in it once
it’s been registered with the OPG. If you wish to do this
please contact us on our helpline for further advice.
How much does it cost?
Our fees for all documents we process are available by phoning
the helpline or viewing on our website in
the menu.
Your PoA includes a certificate that you take to your doctor for
signing as proof that you understand the PoA. They may charge a
fee for this service.
The current fee for registering a PoA with the Office of the Public
Guardian is £65.
What is the alternative to a Power of Attorney?
In many situations it may be necessary for a family member to
apply to the court for an order giving them the necessary authority
to act. There are different orders which the court can grant -
an order for authority to Intromit with Funds, an Intervention
Order or a Guardianship Order. The necessity of having to go to
court with all the time and expense that this involves can be avoided
if an individual has put in place a power of attorney - a relatively
inexpensive process which is much more straight forward and there
to be used at any time it is needed. A power of attorney can save
many thousands of pounds in fees and administration (often between £3000
and £10,000) and an unnecessary burden on the estate of a
person who is still living, but incapacitated. Court orders commonly
take 12 months or so to obtain because detailed reports are required
and business plans need to be submitted.
For further guidance about Continuing and Welfare Powers of Attorney
we can send you further information on setting up Powers of Attorney.
If however you have already made the decision to appoint attorneys
to act on your behalf we would be pleased to send you a simple
form either by surface mail or email for you to complete your details
and those of your attorneys or you can email the details to us.
The information we require is shown below. We would then produce
full documentation ready for you, your attorneys and your doctor
to sign. When this stage has been completed return the forms to
us in the envelope supplied and we will check them and register
them on your behalf with the office of the Public Guardian. When
registration is complete you will receive a certificate indicating
this.
INFORMATION REQUIRED:
It is recommended by the Office of the Public Guardian that you
appoint at least two attorneys.
As the client and granter of the power please provide
your -
First Christian name -
Middle name(s) -
Surname –
Date of birth –
Full postal address –
Full postcode –
The details of your first attorney –
First Christian name -
Middle name(s) -
Surname –
Full postal address –
Full postcode –
County -
The relationship of the attorney to you - (spouse, partner, daughter,
friend etc)
The details of your second attorney –
First Christian name -
Middle name(s) -
Surname –
Full postal address –
Full postcode –
County -
The relationship of the attorney to you - (spouse, partner, daughter,
friend etc)
The details of your third attorney –
First Christian name -
Middle name(s) -
Surname –
Full postal address –
Full postcode –
County -
The relationship of the attorney to you - (spouse, partner, daughter,
friend etc)
The details of your fourth attorney –
First Christian name -
Middle name(s) -
Surname –
Full postal address –
Full postcode –
County -
The relationship of the attorney to you - (spouse, partner, daughter,
friend etc)
We recommend that your attorneys should act jointly and severally.
This means that one or all can act at any given time which then
reduces the chance of the Powers failing. However you may wish
if you have three or more attorneys for the last or the last two
attorneys to act as substitutes in the event that your first two
attorneys can no longer represent you.
Please note how you wish your attorneys to act.
If we require further information we will immediately contact
you by telephone.
Helpline 0800 0180 670
The Public Guardian's Office (Scotland) can be found at:
www.publicguardian-scotland.gov.uk
|
