Powers of Attorney and Guardianship
Call now on 01389 762266 to safeguard your future affairs
As well as drafting Wills, you may also wish to consider drawing up enduring Powers of Attorney. The suffering of adults from incapacity can raise issues in almost every area of law, and sooner or later will affect most families. Powers of Attorney and Guardianship Orders address situations where adults have impairments of capacity to act, by enabling the adult or Guardian to make decisions, or to safeguard the adult's interests in relation to their own personal welfare, or in relation to their assets and financial affairs.
A Power of Attorney allows you to nominate one or more people, such as a trusted relative, to act for you if you lose the ability to look after yourself. It means that your financial affairs and all aspects of your care and welfare would not be left in limbo were you to fall ill or become incapacitated.
A comforting addition to your drawer
Hopefully, it is something that will just sit in a drawer and never be used, but you can enjoy the comfort of knowing that, in times of need, the Power of Attorney could be used to ensure that your family would not be in financial difficulty. Without a Power of Attorney, your financial affairs and the arrangements for your care and welfare would be frozen until the Court granted an Intervention or Guardianship Order. It can take many months from first deciding that somebody needs help, to the Court assessing the case and the Office of the Public Guardian ("the OPG") permitting the Guardian to commence acting on the adult's behalf.
A Power of Attorney is a far reaching document, and allows your Attorney to stand in your shoes and make decisions on your behalf. You must choose as your Attorney someone you can trust and talk to about what your wishes are, be that a relative, friend or professional.
Once you have granted a Power of Attorney under the Adults with Incapacity (Scotland) Act 2000, the OPG would be involved in the regulation of your actings as an Attorney, and the OPG also has the function of keeping a register relating to all Continuing and Welfare Powers of Attorney.
At McArthur Stanton, our team of specialist, experienced advisers can help you tailor the specific powers you would like contained within your Power of Attorney, ensuring that once completed, you will have a legally-binding document which will safeguard your interests in the future.
What if the person I wish to help is now incapacitated?
If the window of opportunity for obtaining a Power of Attorney is lost, in other words, where the adult no longer has the mental or physical capacity to grant it, then it may be necessary to petition the Sheriff Court for the appointment of a Financial or Welfare Guardian, or alternatively for what is called an Intervention Order.
This can be a complex, prolonged and expensive process, involving not only the Court but also your family, the Social Work Department, Mental Health Authorities as well as your doctors.
However, rest assured that our solicitors have much experience in these matters, and will be able to efficiently progress your application for Guardianship or Intervention, and to give you and your family guidance throughout the process.
So please feel free to make an appointment at your convenience. Call us on 01389 762266, and one of our specialist team will be happy to meet with you to discuss your wishes in confidence.