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Powers of Attorney
A Power of Attorney is a document that gives another person authority to take action or make decisions on your behalf in the event you become incapable of doing such things for yourself. More often than not it is a family member but it can be anyone of your choosing, perhaps your Solicitor or a close family friend. Powers of Attorney are governed by legislation known as the Adults with Incapacity (Scotland) Act 2000 in Scotland. For England and Wales, the legislation is the Mental Capacity Act 2005. The system in all three countries is similar in that registration is required with the Public Guardian (England and Wales) or the Public Guardian - Scotland (Scotland).
It is never too early to have a Power of Attorney put in place. A common misconception is that they are for older people or wealthy individuals. This is simply not the case. They apply to everyone. As the population ages and we all live longer it is a sensible thing to have a Power of Attorney prepared for when you do get older but similarly even younger people should prepare for the future. Married couples owning property should have them in place in order to prevent any difficulties or unnecessary stress in the event that one of them becomes incapable. A person can become incapable gradually or suddenly as the result of an accident or medical condition.
In Scotland, there are two types of Attorney, one that deals with money and/or property (known as a Continuing Power of Attorney) or one that deals with matters associated with health and personal matters (known as a Welfare Power of Attorney). In England, the document is called a Lasting Power of Attorney (LPA) and is in two parts - one for property and finance and the other for health and welfare.You can appoint a different person to deal with each or the same person to deal with both. That is a decision for the granter. Even although a Power of Attorney is prepared and signed, it is not valid until it is registered with the Office of the Public Guardian and there is a fee for registration, currently £70 in Scotland and £240 in England and Wales. When appointing an Attorney it is a good idea to appoint a substitute Attorney who will act in the event the primary Attorney is unable to do so. This prevents the necessity of having a new Power of Attorney prepared, provided of course, the granter still has capacity to do so.
EBS Trustees advise all clients that they should make Powers of Attorney. Further information is available at www.publicguardian-scotland.gov.uk or www.direct.gov.uk/governmentcitizensandrights/mentalcapacityandthelaw.
If you have any questions regarding Powers of Attorney or wish to have one prepared, please do not hesitate to contact us and we will be happy to answer any questions you may have.
Nothing on this website constitutes legal advice and EBS Trustees accepts no liability for any actions taken by any individual in reliance of what is written here.
Lanark Power of Attorney- POA Lanark - Glasgow Power of Attorney- POA Glasgow - Power of Attorney Lanarkshire - POA Lanarkshire - Edinburgh Power of Attorney � Edinburgh POA - Carluke Power of Attorney � Biggar Power of Attorney - Motherwell Power of Attorney � Wishaw Power of Attorney � Hamilton Power of Attorney - Carluke POA � Biggar POA - Motherwell POA � Wishaw POA � Hamilton POA
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