giant hands

 

As we grow older, we may find ourselves in a position where somebody else has to help manage our financial affairs. Broadly speaking there are four ways in which someone could help you with your financial affairs.

  1. 1. An informal arrangement, a friend, say, might help you pay regular bills.

  2. 2. A more formal but still voluntary arrangement agreed between you, the department of Work and Pensions, and the person who is helping you.

  3. 3. Granting a Power of Attorney to someone.

  4. 4. A court could grant authority for someone to act on your behalf, should you become mentally incapable of managing your finances.

The best way to ensure that your financial affairs are managed in the right way and by somebody you trust is option 3: to grant someone power of attorney to act for you.

There are different types of Power of Attorney:

 

General Power of Attorney (GPA)

- this is usually created for a set time where the granter is going abroad or

is unable to act for some reason and wishes someone else to have the authority

to act on his or her behalf. The authority given can be general or limited to specific affairs.

 

Continuing Power of Attorney (CPA)

- this allows the granter to appoint someone to look after their property and financial

affairs immediately, continuing into incapacity or only if the granter becomes mentally

incapable. All CPAs must be registered with the Office of the Public Guardian to be

effective. A CPA can also contain welfare powers, for example, to determine

where the granter should live. Welfare powers can only come into effect on

incapacity.

 

Welfare Power of Attorney (WPA)

- this enables the Attorney to make decisions about the health and welfare of

the granter after he or she becomes incapable. These powers can include deciding

where the adult will live, personal issues such as dress, medical treatment and personal

care. The Attorney cannot intervene when the adult has capacity to make the decision

for themselves.

 

Blair Cadell's Personal legal team are used to drafting Powers of Attorney to accommodate a wide variety of different circumstances. They themselves are often asked to act as Attorneys for our clients and so have a wealth of practical as well as legal experience to offer.

 

Blair Cadell's Personal legal services focus on what matters to you about your property and assets - future-planning, family provisions, taxation and protection.

(image:jimcintosh/FlickrCC)

(additionalmaterial:agescotland)