Powers of Attorney

Planning for the possibility of incapacity is a key part of responsible estate planning. While a Power of Attorney is a completely separate document from your Will, we generally encourage clients to consider preparing one at the same time.

Granting a Power of Attorney ensures that someone you trust can make decisions on your behalf if you are unable to do so. This is often a family member and/or close friend. A common misconception is that a family member will automatically be able to make decisions for you if the need arises. In reality, if you lose the ability to make decisions and do not have a Power of Attorney in place, the courts may need to appoint a Guardian on your behalf.

This process can be lengthy, expensive, and stressful, particularly when compared with putting a Power of Attorney in place in advance. This is especially important for individuals who own property or operate a business. Importantly, a court-appointed Guardian may not be the person you would have chosen.

While Powers of Attorney are often associated with age-related decline, life is unpredictable. An unexpected illness or accident can create significant challenges for families during already difficult and emotional times.

Preparing a Power of Attorney allows someone you trust (your “attorney”) to make financial and/or welfare decisions for you if you are unable to do so in the future. A Power of Attorney can be prepared at any time; however, planning ahead is strongly advisable. Doing so helps ensure your wishes are followed if you lose capacity to manage your finances or make decisions about your care.

A Power of Attorney can also be a valuable practical tool where someone is overseas and financial decisions or documents need to be signed urgently. Crucially, it ensures that the people you appoint understand their role and are comfortable with the responsibilities involved.

While templates and DIY kits are available online, engaging a qualified solicitor to draft your Power of Attorney is strongly recommended and is often more straightforward than expected. A solicitor can ensure the document complies with legal requirements, that attorneys are appointed in the most appropriate way, and that you receive guidance on the specific powers best suited to your circumstances.

Receiving a diagnosis of dementia can be overwhelming for both the individual and their family. It is often a time of uncertainty, worry and emotional strain, and legal planning is not always the first thing people think about.

A diagnosis of dementia does not automatically mean that it is too late to put a Power of Attorney in place. What matters is whether the person has sufficient capacity at the time the document is granted. In the earlier stages of dementia, many people are still able to understand and make decisions about appointing an attorney.

Acting quickly is important. Dementia is a progressive condition, and capacity can change over time. Putting a Power of Attorney in place as soon as possible can help avoid the need for court involvement later and ensure that trusted family members or friends are able to manage financial matters and make decisions about care when needed.

Our team is experienced in supporting clients and families during this difficult time. We can advise sensitively on whether a Power of Attorney can still be granted, guide you through the process, and work with medical professionals where appropriate to ensure the necessary legal requirements are met.

Putting a Power of Attorney in place is a simple but important step in protecting your future. Our experienced team can guide you through the process, ensure your document meets all legal requirements, and tailor it to suit your individual circumstances. Contact us today to arrange a consultation or to discuss how we can assist with your estate planning needs.

Kimberley Mackay

Tel: 0131 225 5567