Power of Attorney: The Process in Scotland
The Ministry of Justice have launched a 12-week consultation to review the current Power of Attorney process in England & Wales and explore a number of new proposals aimed at modernising the system.
A Power of Attorney allows a nominated individual to make decisions for you should you no longer be able or willing to do so yourself. With a Power of Attorney, you can choose a loved one or close friend to help make decisions for you about money, health or both. It can be set up while you are still willing and able to make your own decisions and would only become ‘active’ when you decide, along with your solicitor or after medical advice. Powers of Attorney can only be registered by a solicitor or medical professional.
Should you become unable to make your own decisions through illness, accident or getting older, you would need someone to make them for you. Without a Power of Attorney in place, your family or friends have no authority to access your bank accounts or make decisions on your healthcare. This could be costly and time consuming for your loved ones at an already stressful time.
There are three types of Power of Attorney available: Continuing Power of Attorney, Welfare Power of Attorney and Combined Power of Attorney. MacRoberts can advise on the right Power of Attorney to suit you and your circumstances.
When appointing your attorney, you should consider someone who you feel knows you well and will act responsibly, in your best interests. There is no limit to the number of attorneys you can appoint, but they must be over 16 and willing to take on the role. We will carry out an interview with you to confirm you understand the process and are happy to proceed.
A Power of Attorney allows you to nominate a family member or friend to make decisions on your behalf if you become unable to do so. This helps to make things easier for your loved ones at an already stressful time, avoiding a situation whereby they may have to go to court to obtain authority to act for you.
MacRoberts offers a full-service Power of Attorney which means that we will work with you to appoint an attorney, complete the appropriate paperwork and register your Power of Attorney with the Office of Public Guardian.
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