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Powers of Attorney – Do I Need One And How Do I Get One?

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ELP Arbuthnott McClanachan
Powers of Attorney – Do I Need One And How Do I Get One?

A power of attorney (POA) is a document that appoints someone you trust to be your attorney and authorises them to act on your behalf, during your lifetime. Your attorney can act for you either if you ask them to and give them your permission, or if you have lost capacity and are not able to act and make decisions for yourself.


The key thing about Power of Attorneys is that if you wait until you definitely need it, it might be too late. It should be discussed, drafted, and signed while you have full capacity and without needing anyone else to be involved. There should be no doubts about your instructions. A bit like house insurance – you could say that you don’t really need this, but if you wait until your kitchen is smoking you’ll have a hard time getting any insurance cover!


What’s covered in the Power of Attorney? What can my Attorney do?

There are two main aspects to a POA:

  • Financial and administrative matters
  • Personal welfare matters. 

The financial side includes things like accessing your bank accounts, paying bills, dealing with your savings, and paying for care etc.

The welfare side of things includes consenting or withholding consent to medical treatment, making decisions on care and accommodation, and day-to-day personal matters. 


The crucial difference is that welfare matters can only be dealt with by your attorney if you have lost capacity and are unable to make such decisions for yourself, whereas financial matters can be dealt with by your attorney if you have lost capacity and/or if you give permission for them to act for you. This often happens if there is a physical reason making it difficult for you to get out and about or to speak on the phone, use technology for banking, and so on.

If you are an adult in Scotland and haven't yet appointed an Attorney, please get in touch with the specialist private client solicitors at ELP Arbuthnott McClanachan in Edinburgh. They will provide you with expert legal advice with a personal service.

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