The Importance of Creating A Power of Attorney

At Scullion LAW we encourage all our clients to forward plan and take control of all their legal affairs. We strongly encourage everyone regardless of age and circumstance to get a Will and Power of Attorney. This article explains a little more about the benefits of creating a Power of Attorney.

What is a Power of Attorney?

The future is unpredictable and incapacity can happen to any of us at any point, from accidents and illness to the onset of dementia. A Power of Attorney ensures your needs are protected and you are in control if or when you are unable to protect yourself. Much like an insurance policy we hope that you never need to use it but if you do a Power of Attorney (PoA) is invaluable.

A PoA is a written document which you can create with Scullion LAW, to give someone you trust (known as the attorney) the power to make decisions on your behalf, if you are unable to do so in the future for whatever reason. Generally there are two types as detailed below but often people make a combined Power of Attorney to allow for decisions to be made about both their financial affairs and personal welfare, if incapacity were to ever happen.

Who should be my attorney?

You can name more than one person as your attorney and list the specific powers you wish your attorneys to have – this will ensure your needs are protected if you are unable to protect yourself. Your attorney can be a spouse, relative, friend or professional over 16. They must confirm they are freely willing to act for you.

The most common types of Power of Attorney are:

• Continuing/ Financial Power of Attorney – this allows the attorney to carry out tasks such as banking, payment of bills and dealing with your home etc. These powers can be used with your permission even if you still have capacity, for example if you are housebound.
• Welfare Power of Attorney – this allows decisions to be made in relation to your health and welfare. These powers can only be used when you have lost capacity. You will need to think about how your incapacity is determined and say in your PoA who you want to make this decision e.g. your GP or the attorney.

Why should I have a Power of Attorney?

Having a PoA in place means that should you become incapable of managing your affairs yourself, someone you know and trust will be able to make decisions on your behalf and in your best interests.

It may well be that you are in the fortunate position of never losing decision-making capacity, in which case the PoA doesn’t need to be brought into use. However, no one can predict the future, and knowing that such an important document is in place can bring you great peace of mind.

It can also make things much easier for family and loved ones. No one has the automatic right to make decisions on your behalf, and therefore they might have to go to court to get the authority to act for you if you lose capacity and a PoA is not already in place. This can be a stressful and costly experience at an already difficult time.

Contact Us

For expert legal advice on setting up a Power of Attorney then contact our specialist solicitors today.

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