Living power of attorney

Power of attorney or living power of attorney is an authority give to deal with aspects of the someone’s affairs. This could be property, personal or financial authority and would normally be given when the person granting the power of attorney or living power of attorney has the inability to look after their own affairs due to illness.

Living power of attorney – who is it for

Living power of Attorney is more often than not associated with the elderly in the event of incapacity as a result of illness or anyone as a result of a serious accident. Doing something about it now whilst you feel in control of your affairs and have the capacity to do so is something everyone should consider meaning at anytime in the future you may ask your attorney to take responsibility for various aspects of your life. There are two main living power of attorney documents containing the powers relating to financial affairs which are sometime called continuing powers and personal healthcare or welfare decisions known as welfare powers. One or both of these can be implemented. The person granting these powers has the choice to choose whatever powers they want, with this in mind it makes sense for everyone to consider appointing someone before a problem arises as it may be too late to do so once a person becomes unable to manage their affairs. Anyone can be an attorney as long as they are over the age of 18. Where a spouse/partner or children are obvious choices it is not unusual for a professional person such as a solicitor to step up to the plate as a living power of attorney.

Living power of attorney – when does it become active?

A living power of attorney will only be able to act once the power of attorney document has been signed, the powers can be given only to start on the incapacity of the granter as welfare powers can only start once the granter has lost the capacity to make these decisions. If the living power of attorney is not in place then your family may be forced to resort to a costly and time consuming guardianship order and application to the courts may be required to enable someone to act on your behalf. To find out more on anything related to this or indeed anything else call our experienced team in Edinburgh today on 0131 510 5764.