The value and importance of securing a Power of Attorney
Vital document that will help you avoid heartache should the worst happen
No one likes to think about what may or may not happen, but it is best to be prepared for all eventualities which is why it is worth investing in a Power of Attorney.
Power of Attorney allows a nominated person of authority to act or make decisions on a family member’s behalf if they lose the capacity to make their own decisions.This is usually following an incident which leaves them unable to look after their financial or personal affairs and, in some cases, incapacitated.
It may surprise most people to learn that you do not automatically become someone’s Power of Attorney (POA), even if you are a loved one’s next of kin. As Power of Attorney is a legal document, it must be applied for and registered with the Scottish Courts before it can be put into force.
The NHS and its 32 Health and Social Care Partnerships (HSCPs) are encouraging people to apply for POA as part of an ongoing campaign, this is because when you are admitted to hospital it is important to have this in place, particularly if someone has had accident leaving them unconscious, in a coma, or unable to communicate. Even a simple rise in temperature can leave you unable to make decisions.
People assume if they are someone’s next of kin they will be the person to make decisions on their hospitalised loved one’s behalf, but as NHS chief Vicky Irons points out, this is far from the case.
The Chief Officer of Angus HSCP said: “People don’t automatically become a POA and need to register. People assume their next of kin will be able to make decisions on their behalf, if they develop dementia or have an accident which means they lose mental capacity. Unfortunately, that isn’t the case, legally you must have Power of Attorney and without it, you may have to go to court to request guardianship which can be a long and stressful process at a time when emotions are already running high.
“Alternatively, the health and social care partnership might have to go to court to apply to become your guardian.”
Can you imagine not being able to make welfare decisions for your spouse and the local authority taking this over from you?
“POA is a bit like insurance, it’s better to be prepared, just in case – to protect yourself and your family.”
When organising a POA, you can also choose more than one person to be able to act for you if you wish and either a principal and substitute(s), or acting jointly.
Fortunately, ILAWS Scotland are able to advise on Power of Attorneys (as well as Will writing) and organising one may not be as expensive as you think. That’s because, due to popular demand, ILAWS has extended its specially-discounted price of £220 for a POA until the end of February (this price excludes a £79 court registration fee).The total price is just £299, much more affordable than many other firms charge for the same service.
But do you need it? The Law Society of Scotland suggests you do, whatever your age as it is not exclusive to older people and the infirm. It states: “Everyone should consider a Power of Attorney. With some people, their capacity to look after their affairs is impaired gradually, for instance, as they grow older. But sudden accidents and
illnesses can happen to anyone. A doctor can assess if a person is incapable or not.”
Tony Marchi, principal at ILAWS, organises hundreds of Power of Attorneys every month and knows their importance. He has noticed an increase in the number of POAs being processed as more people become aware of its value.
He said: “The world is a different place to what it was 10 or 20 years ago when you could get away with handling a loved one’s finances or make medical decisions for them. Unfortunately, we hear some heart-wrenching stories every week about someone having required Power of Attorney but they did not have it in place. It should be remembered that without a POA in place you are the only person in the world who can manage your finances and make your own medical decisions. That’s an incredibly vulnerable position to be in.
“Power of Attorney has nothing to do with giving power away – it is about putting protection behind us so that our trusted friends or family can protect us and our estate if required.”