|An excerpt from Lawpack's Power of Attorney Kit.|
If you became ill or disabled without a Continuing Power of Attorney (CPA) in Scotland and you were unable to manage your financial affairs, no one could act on your behalf unless they first went to the Sheriff Court for the authority to deal with your affairs.
Without a CPA or court authority, even your spouse and children may be powerless to act on your behalf.
Although the courts will appoint someone to act for you and to protect your interests, this is not always a desirable alternative for three reasons:
It can take several weeks, or even months, to have someone appointed who will have the authority to make legal, financial and business decisions on your behalf. With a CPA, the person you appoint (called the 'Attorney') can act for you immediately. As a result, someone you trust will continue controlling your interests.
When someone is ill or disabled they lose the ability to select their Attorney and the court may or may not appoint the person you would have preferred.
From the date on which the Continuing Power of Attorney is signed by you and registered, the Attorney has the authority to act on your behalf, unless you have specifically excluded certain powers. This means that you can take advantage of being able to delegate responsibilities if, for example, the Attorney goes on holiday.
Find out more about the different types of Power of Attorney in Scotland.
Published on: October 25, 2010