Today is Power of Attorney (PoA) Day (25 November 2020), a campaign supported by Scottish organisations such as My Power of Attorney and Solicitors for Older People Scotland. The aim being to raise awareness and reinforce the importance of a PoA for protecting you and those you love by giving one or more people authority to make decisions on an individual’s behalf.
Over the last few months our lawyers have even had to help clients complete documents from their hospital beds because they have not had a completed PoA in place to secure their wishes when facing the situation where they were no longer able to make or action decisions themselves.
We have seen a sharp rise in the number of people looking to make arrangements so that their care and financial intentions are clear. The number of PoA enquiries has more than doubled in the year to date - with interest rising three-fold since April as the potential consequences of Covid-19 became apparent.
Morag Yellowlees, a Partner in our Private Client team said: “There is no doubt that Covid-19 has provided a wake-up call for people to ensure they have full and proper arrangements in place in the event that they become incapacitated.
“Clients have told us that because no-one knows how they will be affected if they catch coronavirus, they have realised it’s sensible to get plans in place, whether that be for themselves or their elderly parents. They want peace of mind that they are going to be looked after in a way of their choosing and to ease pressure on their loved ones.”
PoAs can be completed even during the pandemic, with the Law Society of Scotland advising on how documents can be signed and witnessed via video. In cases where documents have not been completed before a person has taken ill in recent months, that has included them being witnessed via video and signed from hospital beds.
Morag added: “We have had occasions where elderly people have had unsigned draft Powers of Attorney, which we have had to work with them and their carers to have completed from hospital as they were undergoing treatment and have then needed to go into care.
“In those cases we have had to involve a doctor to make it clear that the patients involved have the necessary capacity to sign the documents. This type of stressful scenario at what’s already a difficult time - or one where thousands of pounds has to be spent on an application for guardianship of someone who has become incapacitated for whatever reason - can be avoided by having a PoA in place.
“I describe it to people as like having an insurance policy for your home or car - something that’s there in the hope that you never need to use it, but you have it if needed and it will save you or your loved ones money and worry in the long run. Unfortunately, they are often misunderstood or overlooked, with serious consequences for people and their loved ones.”
Power of Attorney Day also aims to dispel many myths surrounding the documents including the fact that PoAs are not simply for older people or those who have lost capacity.
Morag explained: “The welfare element of a PoA comes into play if you lose capacity and are no longer able to make decisions for yourself. This could happen at any age – for example, in the event of a serious accident.
“But a financial PoA can be used for convenience when you do still have capacity, under your instruction. For example, if you were selling your home and got stuck abroad at a crucial point during completion, your lawyer could step in. Also for small businesses and sole traders, a business PoA can ensure bills and salaries are paid and contracts signed if you are incapacitated or unable to access crucial data or bank accounts.”
Awareness of PoAs has grown in recent years, with many people now taking them out at the same time as drawing up their will or taking out financial policies.
