Power of Attorney in Scotland
Even your spouse or best friend can’t help you legally without Power of Attorney in Scotland
Most people in Scotland have a “best friend”
For many our best friend is our spouse – the person we trust to see to our needs – to nurse us when we fall ill and generally make sure we are looked after
That’s great and comforting for most of us
But what happens if someone falls so ill that they can’t communicate with their best friend and carer?
What happens if someone falls so ill that they cannot do anything for themselves and they have lost “legal capacity”?
Many people seem to assume the best friend or spouse can carry on doing things for the ill person. But the truth is, in Scotland, legally they can do nothing – yes nothing
Even a spouse inherits no legal powers to do anything for an incapacitated partner. This does not seem to be widely understood
Where someone is so ill as to be legally incapacitated nobody has powers to do anything – unless these powers are granted by the local sheriff court following a court action – or unless some limited powers are granted by the Public Guardian – a public official responsible for a range of legal matters relative to adults with incapacity
So sadly many families are faced with going to court to have the court give even a spouse powers to deal with the affairs of his or her partner – assuming say the partner is incapacitated by for example a stroke
Going to court is a bit of a daunting prospect for anyone – and even more difficult perhaps when the family is dealing with the illness in the first place
But the good news is – with just a little foresight and forward planning – all this hassle for families can be avoided
That spousecarer best friend can be legally appointed as the person’s attorney – provided the appointment is made before the illness causing the incapacity strikes
Once appointed as attorney the best friend will have all the legal powers granted in the document appointing him or her – which is called a Power of Attorney
Usually that will mean the attorney will have automatically and legally all the powers necessary to look after and make decisions for the ill person
With so many of us living longer and experiencing debilitating illness it is just good sense to appoint an attorney
It is actually a very easy process maybe needing one or two visits to a solicitor. So make that friendcarer or spouse your attorney as well – it will save so much trouble should illness strike
And the very best news for older people is that most pensioners – even householders with up to £25000 savings – can still get legal aid to get their Power of Attorney put in place.
Registration and costs
It costs nothing to draw up a lasting power of attorney, unless you want a solicitor’s help – but in England, Wales and Scotland you have to register it before you can use it.
In Northern Ireland you can use it without registering it while you still have mental capacity, but you have to register it as soon as your mental capacity starts to decline.
It’s best to register as soon as possible. This is because during the registration process the document will be checked for errors.
If you catch them while you can still manage your affairs you can correct them – if not, your power of attorney might be invalid.
Registration fee
- England and Wales: £110 for each lasting power of attorney.
- Scotland: £70 for each power if you register them separately, and £70 if you register both at the same time.
- Northern Ireland: £115 for each enduring power of attorney.
The fee may change so it’s a good idea to check when you register.
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