For residents of Glasgow, and indeed anywhere in Scotland, establishing a Power of Attorney (PoA) is a vital step in proactive life planning. It ensures that your personal and financial affairs are managed by someone you trust if you ever lose the capacity to make decisions for yourself. Unlike in England and Wales, where they are called Lasting Powers of Attorney, the Scottish system has specific requirements. This guide breaks down the process of setting up powers of attorney Glasgow , making it clear and manageable.
Why is a Power of Attorney Essential?
It’s a common misconception that your spouse or closest family members can automatically step in and manage your affairs if you become incapacitated. In Scotland, this is not the case. Without a valid Power of Attorney, your loved ones would have to apply to the court for a Guardianship Order, a process that can be lengthy, costly, and emotionally draining during an already difficult time. A PoA avoids this by pre-designating your chosen decision-makers.
Types of Powers of Attorney in Scotland
Before you begin, it’s important to understand the different types of PoAs available under the Adults with Incapacity (Scotland) Act 2000:
- Continuing Power of Attorney (CPOA): This grants your chosen Attorney the authority to manage your financial and property affairs. This can include everything from managing bank accounts and paying bills to buying or selling property. A CPOA can take effect immediately upon registration or only when you lose mental capacity.
- Welfare Power of Attorney (WPA): This type gives your Attorney the power to make decisions about your personal welfare and healthcare. This includes choices about medical treatment, where you live, and daily care. Welfare powers can only be exercised if and when you lose the capacity to make these decisions for yourself.
- Combined Power of Attorney: This is the most popular option, as it includes both Continuing (financial) and Welfare powers in a single document, offering comprehensive coverage.
- General Power of Attorney (GPA): Used for a specific, limited purpose or period, a GPA does not remain valid if you lose mental capacity and does not require registration with the Office of the Public Guardian (OPG). For the purpose of future incapacity planning, the first three types are the focus.
Step-by-Step Guide to Setting Up Your Power of Attorney in Glasgow
Here’s how to establish your Power of Attorney:
Step 1: Choose Your Attorney(s)
This is arguably the most crucial decision. Your Attorney (or Attorneys) should be:
- Someone you trust implicitly: They will be making important decisions on your behalf.
- Over 16 years old.
- Willing to take on the responsibility.
- Not bankrupt if they are managing your financial affairs (Continuing Powers).
You can appoint a single Attorney, or multiple. If you appoint more than one, you need to decide if they will act:
- Jointly: They must all agree on every decision.
- Jointly and severally: They can act together or individually. This offers more flexibility.
It’s also highly advisable to nominate substitute Attorneys. These individuals will step in if your primary Attorney(s) are unable to act (e.g., due to death, illness, or resignation).
Step 2: Draft the Power of Attorney Document
While it’s technically possible to draft a PoA yourself, it is strongly recommended to engage a solicitor in Glasgow. Here’s why:
- Legal Accuracy: Solicitors ensure the document is legally sound and compliant with the Adults with Incapacity (Scotland) Act 2000.
- Clarity and Scope: They can help you define the exact powers you wish to grant, ensuring no crucial aspects are overlooked and the wording is unambiguous.
- Anticipating Future Needs: A good solicitor will discuss various scenarios and help you consider decisions you might not have thought about.
- Customization: They can tailor the document to your unique circumstances and wishes.
The document must clearly state whether the powers are continuing, welfare, or a combination. If you opt for a Continuing Power of Attorney that only takes effect upon incapacity, or if you grant welfare powers, the document should also include a statement confirming you have considered how your incapacity is to be determined.
Step 3: Obtain a Certificate of Capacity
This is a critical legal requirement in Scotland. The PoA document must include a certificate signed by one of the following:
- A solicitor registered to practice law in Scotland.
- A practising member of the Faculty of Advocates.
- A registered UK medical doctor who holds a license to practice.
This professional must interview you (the Granter) immediately before you sign the PoA document. Their role is to confirm that you:
- Understand the nature and effect of the Power of Attorney.
- Are aware of what you are doing.
- Are not acting under any undue influence.
This step safeguards your interests and ensures you have the mental capacity to grant these significant powers.
Step 4: Sign and Witness the Document
Once the document is drafted and you’ve had your capacity certified, you (the Granter) must sign the Power of Attorney. While not strictly mandated for all PoAs, it is considered good practice for your signature to be witnessed by someone who is not an Attorney.
Step 5: Register with the Office of the Public Guardian (OPG) in Scotland
For your Continuing or Welfare Power of Attorney to be legally valid and usable, it must be registered with the Office of the Public Guardian (OPG) in Falkirk. This involves:
- Completing an application for registration form, typically signed by the Attorney.
- Submitting the original Power of Attorney document.
- Including the Certificate of Capacity.
- Paying the registration fee. As of recent updates, this fee is £96.
The OPG will then process the application. Once registered, they will return the original PoA document to you (or your solicitor) along with a Certificate of Registration, confirming its legal validity.
Costs Involved
The primary costs you’ll encounter are:
- Solicitor’s Fees: These vary based on the complexity and the firm you choose. For a standard combined PoA, expect fees generally ranging from £250 to £450 (plus VAT).
- OPG Registration Fee: Currently £96 per Power of Attorney.
It’s worth inquiring with solicitors about any discounts, especially if you are setting up PoAs for a couple. Also, investigate if you are eligible for Legal Aid, which can assist with legal costs if you meet certain income and benefit criteria.
Important Considerations
- Review Regularly: While a PoA is a long-term document, it’s wise to review it periodically, especially if your circumstances, relationships, or wishes change significantly.
- Inform Your Attorney(s): Ensure your appointed Attorney(s) know about the PoA, where it’s stored, and what their responsibilities would entail.
- Keep Safe: The original registered Power of Attorney document is crucial. Keep it in a secure place, and provide copies to your Attorneys.
Setting up a Power of Attorney in Glasgow is a responsible and caring act. By following these steps and seeking professional legal advice, you can ensure that your future is in trusted hands, providing invaluable peace of mind for yourself and your loved ones.
