Dementia Awareness Week Scotland - Powers of Attorney

Given that we are in the midst of Dementia Awareness Week Scotland, which runs from 29^th May until the 4^th of June 2017, it seems a good time to discuss Powers of Attorney and to reflect on the benefits of having a valid Power of Attorney in place.

A Power of Attorney is a legal document which allows you to appoint someone you trust who can act on your behalf to manage your affairs and look after your interests. A Power of Attorney can prove extremely helpful in the event that you were to become mentally incapacitated in the future for any reason (including through an illness such as dementia).

There are 3 different types of Power of Attorney:-

• Continuing (Financial) Power of Attorney which concerns financial matters.
• Welfare Power of Attorney which concerns welfare decisions. This includes decisions regarding medical care.
• Combined Power of Attorney- this concerns both financial and welfare matters.

If you were to lose capacity suddenly without having a Power of Attorney in place the process to appoint someone to act on your behalf can be long and costly. This process of appointing a guardian involves an application to the Court and can be challenging for family members at an already emotional time.

A Power of Attorney can be drawn up by a solicitor and can provide the Attorney with a broad range of powers which can be tailored to reflect your wishes.

Setting up a Power of Attorney can also give you peace of mind. A Power of Attorney enables you to relax in the knowledge that your wishes have been formally recorded and will be acted upon by your chosen Attorney in the event that you were to lose capacity.

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For expert legal advice on Powers of Attorney or if you are considering putting one in place, then contact our specialist lawyers today.