A Powers of Attorney enables another person to manage your affairs on your behalf. They can be simple, from allowing someone to sign a document on your behalf to cover a temporary absence by you to a Continuing and Welfare Power of Attorney which allows your attorney to act where you have a permanent loss of legal capacity.
A Continuing and Welfare Power of Attorney must already be in place by the time it is needed. This does not just apply as you get older. Regretfully, accidents, illness and other misfortunes can affect you legal capacity. Unless a suitable Power of Attorney has been set up should such misfortune arise them the only option is to apply to the Sheriff Court for a Guardianship Order, appointing a guardian for you. This involves a court action meaning considerable delay and costs to your estate.
Where you are incapacitated and do not have a Power of Attorney there is no option other than to seek the appointment of a Guardian from the Court. Your affairs and any decisions in the meantime cannot be dealt with, thus creating potential difficulties which could have been avoided.
Most of us should have a Power of Attorney in place. We are able to provide this service to you. All Continuing and Welfare Powers of Attorney are registered with the Office of the Public Guardian who charges a fee for this service.