If someone loses mental capacity before they have a Power of Attorney in place, who can manage their finances and welfare?
Arranging a Power of Attorney early can save money and avoid problems in later life.
Nobody wants to consider what would happen if they or a family member lost capacity to make their own decisions.
But if you leave it too late to put a Continuing Power of Attorney in place, you risk a court appointing a stranger rather than a trusted friend or relative.
It’s not an automatic right that a next of kin takes on dealing with your affairs. If you have or a parent has just been diagnosed with dementia, for example, it is vital to consider a Continuing and Welfare Power of Attorney. The Continuing part deals with the financial side and the Welfare with medical treatment and personal matters.
This allows allows you to choose one or more people to handle your financial and property affairs, alongside making decisions about your health and welfare.
However, this can only be done when you have mental capacity – the ability to make sound decisions.
This is as important as making a Will in these days when people are living longer.
If no PoA is in place, someone has to apply to the Sheriff Court to become a Guardian before they can deal with matters on your behalf.
At a stressful and upsetting point, this takes a long time. It is, also, expensive costing some thousands of pounds.
If a relative is not appointed, a professional will be and there will be ongoing costs.
Better, all in all, to avoid that and the easiest and most affordable way is at www.MyScottishAttorney.co.uk.
You can have it, in the next half-hour, for yourself or relative, like your Mum and Dad, and, although you need to go to see a doctor (or Solicitor) to have it signed off, the rest is all dealt with at home.
Bruce de Wert
Bruce is a Solicitor who, as Director of the company behind MyScottishAttorney, makes the complicated simple.