WHAT IS IT?
A Power of Attorney is a written document that gives someone else permission to make decisions about your money and property and/or your health and personal welfare. It usually sets out what you would want to happen in the future if you could no longer look after your own affairs.
A power of attorney which allows decisions to be taken about your money and property is known as a “continuing power of attorney”. A “welfare power of attorney” relates to your future health or personal welfare. It’s important to bear in mind that if you grant someone a power of attorney, they are basically allowed to make any decision for you that you could otherwise make yourself.
It’s a hugely important step to take, which is why you should seriously think about taking proper, experienced, legal advice.
WHO NEEDS ONE?
The simple answer is – everyone. With some people, their capacity to look after their affairs is impaired gradually, for instance – perhaps – as they grow older. But sudden accidents and illness can happen to anyone. And no-one has the right to act on your behalf – unless you have already given them your legal authority.
That means, in the absence of a power of attorney, you your family or friends may have to go to court to obtain a Guardianship Order to get permission to make decisions for you. (Applying for a Guardianship order can be a fairly lengthy process, and involves organising medical reports, and seeking the support of the local Social Work Department. We can of course deal with all such matters on your behalf).
WHO COULD BE YOUR ATTORNEY?
Your attorney should be someone you trust and someone who knows what your wishes and feelings are. You can appoint anyone as your attorney, such as a relative, friend, spouse/partner.
HOW MUCH DOES IT COST?
Every power of attorney must be registered with The Office of the Public Guardian before it can be used. The current registration fee payable to the Office of the Public Guardian is £79.
Normally, our fees for meeting with you; identifying your particular circumstances; drafting the power of attorney, and attending to all the legal requirements for registering the paperwork start at £350 plus VAT.
During November 2019 The MFY Partnership is offering a discounted fee, for all powers of attorney, of £195 plus VAT and the £79 registration dues. This is a total of £313.
(We are happy to arrange home visits, but as you will appreciate, there may be an additional charge, depending on how far you are from our office in Airdrie town centre.)
Please call one of our team on 01236 607180 to arrange an appointment; or to have an informal chat with one of our experienced solicitors about Powers of Attorney, and Guardianship.