Powers of Attorney now tend in the main to be general rather than specific and to be protective.
Under the Adults with Incapacity Scotland Legislation created by the first Act of the new Scottish Parliament in 2000, new regulations and principles were introduced in respect of Adults with Incapacity and which dealt with Powers of Attorney.
Relatively young clients, not infrequently now make Powers of Attorney as part of “the kit for 21st century life”.
Clearly to be able to grant a Power you require to be of full capacity and the style of Power most commonly used is known as “an Enduring and Welfare Power”.
Such a Power attempts to contain wide ranging authority covering such matters as operation of Bank accounts, borrowing, dealing with tax affairs, litigation, dealing with property, power to make gifts, the effect being to give control to the attorney over the financial affairs of the granter.
The Welfare part of the power deals with involvement in and making of decisions in relation to the care of the person including their medical care, where they are to live, how they are to be clothed and fed and can also encompass instructions in relation to medical treatment, the granter may or may not be prepared to receive.
At Braidwoods we are experienced in advising clients about Powers of Attorney including consideration of the choice of who an appropriate Attorney might be. It is competent to make separate appointments in respect of the enduring and welfare functions.
We are happy to advise you on such matters.