THE IMPORTANCE OF GETTING IT RIGHT WITH YOUR POWER OF ATTORNEY

A retired nurse made headlines earlier this year after she was arrested for removing her 97-year-old mother from a care home before lockdown restrictions took effect.

Ylenia Angeli, 73, said she took “drastic action” due to a lack of face-to-face contact during the pandemic. She said she wanted to care for her mother, who has dementia, herself.

The family had a Power of Attorney in place - but only one which covered the grandmother’s finances, not her health and wellbeing.

So, what went wrong? And what can a family living in Scotland do to avoid a similar situation? Aileen Entwistle, a solicitor with Aberdein Considine, explains here.

What is a Power of Attorney

A Power of Attorney (PoA) is a written document that lets you give legal authority to individuals whom you trust to make decisions on your behalf.

The PoA lists all of the specific individual powers you wish your attorneys to have.

Are there different types of Power of Attorney?

Yes, there are - and that is the issue in the case of Ms Angeli and her mother (albeit under a different legal jurisdiction in England).

In Scotland, a Continuing Power of Attorney allows for decisions to be made about your property and financial affairs.

A Welfare Power of Attorney allows for decisions to be made about health and welfare matters, such as care provision in this case.

The majority of people make a combined PoA to allow decisions to be taken about their financial affairs and personal welfare.

Speak to an expert

If you would like to speak to one of our solicitors about setting up a

Power of Attorney, you can visit any of our 19 offices throughout Scotland, or visit acandco.com