Why you need a Power of Attorney

What is a Power of Attorney?

A Power of Attorney is a legal document that grants a person or persons to act on your behalf when you are unable to do so.  The document can cover financial matters only, welfare matters only, or can be a joint financial and welfare Power of Attorney.

Many people will associate a Power of Attorney with their grandparents or the elderly.  This is because in the majority of cases, if you are lucky, you will not need to use a Power of Attorney until your are quite old. 

Having this document in place means that if you go into hospital or become housebound, the person you appoint can go to the Bank and act on your behalf. Of they can set up your care needs.

I am young. Why do I need a Power of Attorney?

A Power of Attorney can only be appointed when you are in good health and of sound mind. It cannot be granted if you are unable to give instructions due to a physical illness or have a mental health condition. 

If you appoint someone when you are young, fit and healthy, it gives you time to consider carefully who you should appoint. This instruction is then retained indefinitely until you need it or until you decide to change it. 

Once it is in place, it means that if you are in an accident and need help for a short time, your appointed person can help you for that period of time. 

What happens if I don’t appoint a Power of Attorney?

You may be fortunate and never need this facility. However, if you do need someone to help you and you haven’t appointed anyone there are a few issues to consider.

1. You no longer get to choose who should be your trusted person to act on your behalf. 

2. Your family will have to apply to court for a Guardian to be appointed. This is time consuming and expensive. 

How do you appoint a Power of Attorney?

In Scotland, you choose a recommended local solicitor who specialises in Wills, Estate Administration and Power of Attorney administration. Many will charge a fixed fee.

Your solicitor will talk you through the process, explain what everything means and explain what the person you appoint will be able to do.  Once you are both happy, they will complete the paperwork.