Category Archives: Scottish Powers of Attorney

Dementia and Alzheimer’s. What happens when it’s too late for a Power of Attorney in Scotland?


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.
By the way, a diagnosis of dementia does NOT mean it too late.
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
Scottish Solicitor

Bruce is a Solicitor who, as Director of the company behind MyScottishAttorney, makes the complicated simple.
You can make  a Scottish Will or a Scottish Power of Attorney for yourself or your loved one.

 

Dementia and Powers of Attorney in Scotland

 


Dementia comes in all shapes and sizes and can vary from time to time but there is a touchstone so far as Powers of Attorney (PoA) are concerned.

A diagnosis of dementia does not infer that capacity to make a PoA has been lost. When told that someone has lost capacity, the next question should always be – capacity to do what? Even with severe dementia, the capacity to go to the shops and contract to buy your groceries may never be lost. Perhaps entering into a contract for a complex investment trying to be sold by a pushy salesman may be a different matter, however!

What a diagnosis of dementia may well be, however, is a wake-up call to make your PoA as soon as possible, so don’t delay. If there is doubt, ask your doctor beforehand but, if there is no doubt, just go ahead and make one straight away.

The swiftest way to make one in Scotland is at MyScottishAttorney and, as well as lots of free information about PoA’s, there are videos which give the background, there.

You can make one for yourself or for your parents. It is available in your inbox as soon as you have paid and, although you will need a trip to the doctor to have a capacity certificate signed, it is done and dusted without the usual need of, at least, two visits to or by a Solicitor and at a lot less cost.

Bruce de Wert
Scottish Solicitor

 

 

 

 

 

 

 

 

Bruce is a Solicitor who, as Director of the company behind MyScottishAttorney, makes the complicated simple and you can make  a Scottish Will or a Scottish Power of Attorney for yourself or your loved one.

Scottish Powers of Attorney are different


The comments of the English Judge on Powers of Attorney should be treated with caution in Scotland, which has it’s own laws and systems.

The most important difference is that, at the time of signing, there is an assessment of the capacity of the granter.

 A doctor or lawyer must sign a statement saying that he or she

  1. interviewed the granter immediately before he/she subscribed the power of attorney;
  2. was satisfied that, at that the granter understood its nature and extent.

This is not true in England and is an significant safeguard because it weeds out those who are abusing the vulnerable as they will not want their prey to be seen by a professional.

The Office of the Public Guardian Scotland has pointed out that most Powers are produced by lawyers and they have additional safeguards. This is true and valuable.

However, whilst the doors of the Ritz are open to all, not everybody can afford to enter them and, similarly, many people cannot afford a lawyer or are too frightened to ask for an appointment fearing the potential cost.

That is where MyScottishAttorney makes a valuable contribution. Designed by me, a Solicitor, this website provides a high-quality Power of Attorney at, approximately, a third of the price of a Solicitor and with much more convenience.

Despite the savings, the safeguard of the assessment remains in place and, accordingly, it is a safe and affordable method of providing cover should the worst occur.

Bruce de Wert

Director

For a video on how it works see https://www.myscottishattorney.co.uk/video-01.php

Why Powers of Attorney are all about trust

Well, assuming you know anything about Powers of Attorney (and if you don’t, click here) then you will know that you are placing yourself in the hands of your Attorney.

You must, therefore, have absolute trust in this person and you must, therefore, ask yourself (and be honest) do I trust this person to look after me or will they, rather, look after themselves?

If you have doubts, find someone else!

Most of the time, in my experience, it is your loved ones that you appoint. Your spouse or partner and/or children are the usual favourites.

A Power of Attorney kicks in when you decide that it should but that decision is made by you when you make the document.

Most people make it have immediate effect. This is because when you need an Attorney to make decisions for you, you need it now (for instance, if you’ve had a stroke or a fall). If it does not take effect until medical practitioners have decided you have lost your capacity, there is going to be a delay whilst they get themselves together. More information here

If you don’t have trust, you should not make it immediate but, then, if you do not have trust, you should not be appointing that person!

The benefit of immediacy, however, is that your Attorney can get to work whenever you ask them to. Perhaps there will be occasions when you cannot be bothered to go to the bank or you are abroad. It’s a very flexible document!

Making one does not take long and they are “file and forget”.

You can make one immediately –  just go to MyScottishAttorney 

And if you don’t want to do it yourself, your kids can make it for you

Bruce de Wert
Scottish Solicitor

 

Lesson for Scots from legal fight over Will

 

 

 

 

 

 

 

 

 

Heather Illot – Picture PA

Will dispute fought out in Supreme Court

I think this story is quite tragic as it deals with a very sad family rift but there is a clear lesson involved.

If you want your wishes followed after your death, you must make a Will.

The story is about English law and Scots Law would have dealt with it differently but the essential fact is that the daughter, in this case, felt that she was entitled to a significant share in her mother’s wealth. Had her mother not made a Will, she would have got it a lot more than the court awarded.

So the moral of the story is, if you are the parent make a Will or what you want may not happen and, if you are the child, don’t fall out with your Mum and Dad!

One very easy, private and inexpensive way to make your Will in Scotland is at MyScottishWill

Bruce de Wert

 

 

 

 

 

 

 

 

 

 

 

Beat the Scottish Power of Attorney registration delays

Online Power of Attorney – Can I make it for Mum and Dad? Video blog

MSA make it for Mum and Dad

See other videos like this at MyScottishAttorney

Can I make a Power of Attorney for my Mum and Dad?

Video narrative

One thing I should say, when I am talking about “you” making the Power of Attorney on MyScottishAttorney, is that, of course, I know that many people are not, actually, making the Power for themselves.

I know it is, actually, the son or the daughter who is completing forms.

I just want to reassure you that that happens all the time.

I have been providing this service online for a few years now and have hundreds of happy customers and the reason I think that there are happy is because it is easy, it is inexpensive and it is private.

See other videos like this at MyScottishAttorney

Bruce de Wert

Why making a Will or Power of Attorney is an unselfish act

Bruce de Wert

Bruce de Wert

In the same way that you don’t buy life insurance to benefit yourself, making a Will and Power of Attorney is an unselfish act that benefits your family.

Sadly, if you do not make a Will then you can leave a mess. That tends to be an emotional mess whilst the family sorts itself out or disputes arise but if you do not make a Power of Attorney it can also be an expensive mess as court action may well be required to make arrangements for your care.

Making them does not take long and they are file and forget. Once you have done it, you can breathe a sigh of relief and relax knowing that you have done the best you can for your family.

You can make one immediately –  just go to MyScottishWill and MyScottishAttorney or, should you wish to consult me, as a  Solicitor, please telephone 01955 606060  in Caithness and Sutherland, speak to my Secretary  and a telephone appointment will be made for you.

 

 

 

 

The difference between a Power of Attorney and a Will in Scotland

 

Bruce de Wert

Bruce de Wert

Anyone made the executor of a Scottish will or given a Scottish power of attorney share similar responsibilities to the person appointing them.

They need to do what the granter wants and what is in the granter’s best interests. The difference, however, is that one one takes care of things whilst the granter is living and the other after the grantor has died.

Are there Scottish Power of Attorney forms?

MyScottishAttorneyA comment on this blog from an Irish reader has motivated me to write about the Power of Attorney forms that can be found on the Scottish Office of the Public Guardian website.

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