Why Do I Need a Power of Attorney?

What is a Power of Attorney?

A Power of Attorney is a legal document which authorises someone to act on your behalf when you cannot.  This document can cover financial matters only, welfare matters only, or it can be a joint financial and welfare Power of Attorney.

I’m too young to need a Power of Attorney

People tend to think of this document as something their granny has so that their mum can look after her, however, every adult should appoint a trusted individual when they are young, fit and healthy. A bit like insurance, you need to have it in place before something happens.

What can an Attorney do?

There are two main aspects to a Power Of Attorney – financial and administrative matters, and personal welfare matters.  The financial side includes things like accessing your bank accounts, paying bills, dealing with your savings, investments, property, tax, benefits, pensions, purchasing equipment, paying for care and so on.  The welfare side of things includes consenting or withholding consent to medical treatment, making decisions on care and accommodation, and day to day personal matters such as participation in social, religious, cultural activities, as well as dress, diet, appearance and so on.  The crucial difference is that welfare matters can only be dealt with by your attorney if you have lost capacity and are unable to make such decisions for yourself, whereas financial matters can be dealt with by your attorney if you have lost capacity and / or if you give permission for them to act for you.  This often happens if there is a physical reason making it difficult for you to get out and about or to speak on the phone, use technology for banking and so on.

How do I appoint an Attorney?

The easiest way to set up a Power of Attorney is to get help from your local private client solicitor. They will be able to talk through the process, discuss things you should consider and complete all the necessary paperwork.

In Edinburgh, ELP Arbuthnott McClanachan have Power of Attorney Solicitors who offer this service. Their solicitors can also help with other matters such as writing a will.