Page 4 - Guide To Powers of Attorney

THE PROCESS

It is not a particularly difficult, time consuming or expensive process to prepare a POA. Two consultations
with a solicitor would generally be enough – the first to consider all the details and for matters to be
discussed fully and advice given. Thereafter, a meeting to sign the document is usually all that is required.
The POA must then be registered with the Public Guardian who does charge registration fees. Once
registered the document may be used if necessary.

Legal Advice and Assistance may be available to pay any legal fees depending on the granter’s
circumstances. Many pensioners qualify for some legal aid and assessment can quickly be done, at no cost
to find this out.

THE BENEFITS OF A POWER OF ATTORNEY

A POA is a bit like an insurance policy. You hope you’ll never need it but if something bad happens, you end
up glad you had the foresight to take it out.

If incapacity strikes a family member and no POA is in place – that family faces a distressing and possibly
expensive process to get powers to act for the person who has lost capacity. Many people think spouses
automatically have powers to act for each other if one loses capacity – but that is just not true. The only way
to obtain powers over somebody’s affairs is to apply to the local sheriff court to become a guardian to that
person, or to become an “intervenor”. There is a process where you can apply to the Public Guardian to
access funds – but that is a limited power to deal with modest issues only, and it will not be sufficient to do
the things which need to be done if for example long term illness has struck.

Court actions take time and can be expensive and are the last thing most people would want to be involved
in when they are already in distress because of the illness which has hit the family. And of course if you
have to go to court there is a period of “limbo” where no one has powers to do anything and that can give
rise to all sorts of problems.

The contrast if a POA is in place could not be clearer. The Attorney can step in immediately and make
decisions. Necessary things can be done without the stress of waiting till a court order is granted. If the
attorney is a close friend or relative there will be no costs involved and of course the attorney if close to the
granter will make decisions knowing what the granter would have wanted. That is an important point – when
doing a POA you have chosen who will be making decisions for you. You cannot do that where an application
to court is involved – and the person who apples may not be the person you wanted. The simple truth is that
families can deal much better with incapacity if a POA is in place.

This document is intended only as an introductory guide and it does not constitute legal advice. All Caesar & Howie
solicitors are experienced in preparing Powers of Attorney. Call us on 0800 037 0526 for a consultation.