There is a straight forward way of ensuring that your affairs are looked after properly in the unforeseen event of incapacity through accident or ill-health, and that is by means of a Power of Attorney
What is a Power of Attorney?
| # | A Power of Attorney is a formal document. It allows you to appoint a trusted person or persons to help you manage your affairs if ever you are unable to manage them on your own. This person is called an “Attorney” |
How much will it cost?
| # | Blair Cadell charges £250.00 + VAT for completing a Power of Attorney*. A discounted charge of £375 + VAT is offered to spouses or partners completing Powers of Attorney at the same time. An additional registration charge of £70.00 applies to each Power of Attorney completed If you are considering granting a Power of Attorney, please contact one of our Personal legal experts for an informal chat: they will be happy to confirm a quote *standard documentation; charges may increase in more complex cases |
How long will it take?
| # | Depending on your requirements and provided your instructions are available on request, a Power of Attorney should not take more than a few weeks to complete. To be effective, the completed document requires to be registered. The registration timescale varies, but usually takes between about four to six weeks. In cases of urgency, these timescales can be greatly reduced |
Do I need a Power of Attorney?
| # | This is a question that is often asked
Preparing a Power of Attorney is about planning for something that might (or might not) happen in the future. It’s therefore difficult to say that anybody definitely will need a Power of Attorney; what is clear is that everybody might need one. In some respects a Power of Attorney is similar to an insurance policy – people insure their house not because they expect it to be destroyed by fire, but to guard against the possibility that it might be. A Power of Attorney can sometimes be a vitally important “insurance policy” to have in place The advantages of having a Power of Attorney in place (and the disadvantages of not having one in place when it is needed) are coming to be more and more widely recognised A Power of Attorney is the only way of ensuring that your affairs will be dealt with by someone of your choosing, whom you trust, in times when – for whatever reason – you are unable to look after them yourself. If you haven’t granted a Power of Attorney, no one will have that authority unless they are given it by a Court – including spouses, civil partners and co-habitees. If no Power of Attorney has been granted in their favour, your spouse, civil partner or co-habitee will have no legal authority to help you when you most need help Another way of looking at things is to consider what would happen if you don’t have a Power of Attorney and find yourself unable to manage your own affairs. In these circumstances, the law provides that the Court may appoint a Guardian to manage your affairs. The cost of appointing a Guardian can run into several thousands of pounds and the Court procedure usually takes several months. The Guardian’s authority to manage your affairs will usually be more restricted than that of an Attorney. And, of course, you have no say as to who is appointed A Power of Attorney can only be granted at a time when you are able to fully understand the nature and effect of the powers that you are granting. Don’t leave it too late! |
What kind of affairs might an Attorney manage?
| # | An Attorney might help to deal with your financial and business affairs. Some examples are opening a bank account, paying bills, arranging insurance. An Attorney who deals with financial and business affairs is sometimes called a “Continuing Attorney” or “Financial Attorney”
Your Attorney might also be given authority to help with more personal matters. For example, many people wish to give their Attorney authority to consent to medical treatment on their behalf if they are unable to do so. An Attorney who deals with these more personal things is sometimes called a “Welfare Attorney” Most commonly, an Attorney is appointed to deal with both financial/business matters and more personal things |
When would a Power of Attorney be used?
| # | It is up to you to decide when your Power of Attorney would be used. As the person who grants the Power to Attorney, you have the discretion to decide when and in what circumstances your Attorney may act on your behalf
People can need help with their affairs in a wide variety of situations – perhaps a temporary hospital stay makes dealing with day-to-day finances difficult, or an absence abroad means that it is convenient to have someone here “on the spot” to act on their behalf Many people want to grant a Power of Attorney so that it can be used when they are unable – either temporarily or for a more prolonged period of time - to manage their own affairs as a result of a physical or mental incapacity |
Whom should I appoint to be my Attorney?
| # | You should appoint someone whom you trust, who knows you well and who will be able to make informed decisions about your affairs. Powers to deal with personal affairs are usually granted in favour of a close relative or friend. Business/financial powers are also often granted in favour of a relative or friend; sometimes a solicitor is also appointed to give help with financial and business matters
You can appoint more than one person to be your Attorney. You can also appoint substitute Attorneys to act in the event that one or more of your original Attorneys is unable to act |
I don’t have a Power of Attorney – how do I get one in place?
| # | Contact Blair Cadell and speak to one of our Personal legal experts. You will be asked for some details and background information in order to assess your needs. A draft Power of Attorney will be drawn up reflecting your requirements, followed by a principal document for signing. A face-to-face meeting is nearly always required when signing a Power of Attorney and one of our experts will be happy to visit you at home if that is more convenient |