publicguardian-scotland.gov.uk Power of Attorney (PoA) : Public Guardian

Organization : Public Guardian in Scotland
Type of Facility : Power of Attorney (PoA)
Country: Scotland

Website : http://www.publicguardian-scotland.gov.uk/power-of-attorney

Power of Attorney (PoA):

A power of attorney (PoA) is a written document that gives someone else legal authority to make decisions on your behalf.

Related : Public Guardian Scotland Applications To Access The Funds : www.statusin.org/9241.html

Anyone over 16 can make a PoA and it lasts indefinitely unless you decide to terminate it. The law says that someone who is currently declared as bankrupt can make a PoA to deal with their personal welfare decision making but not about their financial and property affairs.

Having a PoA lets you plan what you want another person to do for you in the future, should you become incapable of making decisions about your own affairs.

A PoA will clearly state:
** the name of the person(s) you wish to appoint (called an ‘attorney’)
** all of the individual powers you wish to grant to that person
** that you have considered how your incapacity is to be determined. We recommended that you also include how your incapacity is to be decided and by whom

You may want to take legal advice if you are thinking about making a PoA

What you need to know:
Most solicitors should be able to assist you to draft a power of attorney (PoA) and provide legal advice on this matter. A solicitor will charge a fee for this service and prices may vary. Alternatively, other companies and stationery shops sell PoA packs. You might find our top tips helpful if you are thinking about making a PoA

This website will provide some useful information on making a PoA. Here is a summary of what’s involved to help you get started.

Who can make a Power of Attorney (PoA)?:
Anyone over 16 can make a PoA, but you need to be able to understand what you are doing by granting this. As part of the PoA process either a doctor or solicitor must carry out an interview with you and confirm that you understand the nature and impact of making a PoA.

The law says that someone who is currently declared as bankrupt cannot make a PoA to deal with their financial and/or property affairs. However, you would still be able to make a PoA giving powers to deal with your future personal welfare decision making.

Types of power of attorney (PoA):
There are 3 types of PoA:
Continuing PoA – gives powers to deal with money and/or property:
Continuing (financial) powers can be used by the attorney immediately after the PoA document has been registered with us. If the PoA is only to be used in the event of your incapacity, it must clearly state that the powers are not to be used until this happens. You may wish to add a statement about who should make this decision about your incapacity.

Welfare PoA – gives powers to make decisions around health or personal welfare matters:
Welfare powers may only be acted upon after the PoA has been registered with us and when you have lost capacity to make decisions on matters to which the powers apply. Read the definition of incapacity.

Combined PoA – gives continuing and welfare powers:
The majority of PoAs registered with us are a combination of continuing and welfare powers. However, it is your choice as to the type of PoA you wish to grant.

People involved:
Here is a description of the people who can be involved in a power of attorney (PoA).
** Granter – the person wishing to grant powers to another person so that decisions can be made on their behalf.
** Attorney – the person who is appointed by the granter to make decisions, if required to do so.
** Substitute attorney – this is a person who the granter has chosen to take over in the event that the attorney cannot act.
** Sender – the person, usually a solicitor, who has taken responsibility to submit the PoA for registration.
** Specified person – up to 2 people can be nominated in the document and be issued with a copy of the registered PoA.

Who can be an attorney?:
A power of attorney (PoA) is an important and powerful document and you need to give careful consideration who to appoint as your attorney. This should be someone you are confident will act responsibly and who has the necessary skills to carry out the tasks and make decisions on your behalf.

That person must be aged over 16 and be willing to take on the role of attorney. There is no limit to the number of attorneys that you can appoint. It is possible to appoint a sole attorney or joint attorneys and substitute attorneys.

When you send us your PoA for registration, attorneys must also confirm they are freely willing to act for you. We provide a registration form which attorneys can complete and sign to confirm this.

You can appoint either individuals or an organisation, such as a firm of solicitors, as your continuing (financial) attorney. However, individuals may only be appointed as welfare attorneys. You may wish to take legal advice when thinking about making a PoA.

The law says that someone who is currently declared as bankrupt cannot be a continuing attorney.