Granting powers of attorney Glasgow (PoA) is one of the most significant decisions you’ll make in planning for your future. It’s about entrusting someone with the authority to manage your affairs, whether financial or personal, should you become unable to do so yourself. For residents of Glasgow, carefully selecting your Attorney is paramount to ensuring your wishes are respected and your best interests are protected.
This article will guide you through the crucial considerations when choosing the right person (or people) to be your Attorney in Glasgow.
The Significance of Your Choice
The person you appoint as your Attorney will have substantial legal authority. They could be managing your bank accounts, deciding on your medical treatment, or even selling your home. Therefore, this choice should never be taken lightly or made under pressure. A well-chosen Attorney will provide immense peace of mind, while a poor choice could lead to complications, financial mismanagement, or decisions that go against your values.
Key Qualities to Look for in an Attorney
When considering who to appoint, look for these essential qualities:
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Absolute Trustworthiness: This is the most critical factor. Your Attorney will be in a position of significant trust, handling potentially sensitive information and making impactful decisions. You must have unwavering confidence in their integrity and their commitment to acting solely in your best interests.
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Reliability and Responsibility: Your Attorney must be dependable. They should be someone who follows through on commitments, is organised, and can handle responsibilities consistently. This is especially important for financial matters, where meticulous record-keeping is often required.
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Good Judgment and Decision-Making Skills: The role of an Attorney involves making sound, often complex, decisions under potentially difficult circumstances. They should be capable of weighing options, understanding consequences, and making rational choices, even when faced with emotional pressure.
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Understanding of Your Wishes and Values: A good Attorney will know you well enough to understand your preferences, past decisions, and values. This enables them to make decisions that align with what you would have wanted, even if they can no longer consult you directly. Discussing your wishes openly with your chosen Attorney before appointing them is crucial.
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Availability and Willingness to Act: Being an Attorney is a significant responsibility. The person you choose must be willing and able to take on the role. Consider their own life circumstances, health, and location. While they don’t have to live in Glasgow, proximity can sometimes be an advantage for practical reasons. Ensure they are fully aware of the duties involved and are prepared to undertake them. The Office of the Public Guardian (OPG) in Scotland requires a signed declaration of willingness to act.
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Organisational Skills (Especially for Financial Matters): If you are granting a Continuing Power of Attorney (for financial affairs), your Attorney will need to manage bank accounts, pay bills, handle investments, and potentially deal with property. Strong organisational skills and attention to detail are vital to prevent errors or oversight.
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Ability to Work Collaboratively (If Appointing Joint Attorneys): If you choose to appoint more than one Attorney (e.g., your two adult children), consider their relationship. Will they be able to work together amicably and make decisions jointly, or could their relationship lead to conflict and delays? You can specify if they must act “jointly” (unanimous agreement required) or “jointly and severally” (they can act together or individually), with the latter offering more flexibility.
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Knowledge of Your Affairs (Beneficial, but Not Essential): While not a strict requirement, an Attorney who already has some understanding of your financial situation, assets, and liabilities can hit the ground running more effectively if they need to act.
Who Can You Appoint?
In Scotland, your Attorney must be:
- Over 16 years old.
- Not bankrupt if they are to manage your financial affairs (Continuing Power of Attorney).
Common choices for Attorneys include:
- Spouse or Partner: Often the first choice due to shared lives and inherent trust.
- Adult Children: Can be a good choice, especially if they are mature and responsible. If you have multiple children, consider whether they will work well together.
- Other Family Members: Siblings, nieces, nephews, or other close relatives who fit the criteria.
- Close Friends: A trusted friend who understands your wishes can be an excellent choice.
- Professional Advisers: A solicitor, accountant, or other professional can act as your Attorney. While this incurs professional fees, it can be a good option if you don’t have suitable family members or friends, or if your affairs are particularly complex.
Considering Substitute Attorneys
It is highly recommended to appoint substitute Attorneys. These individuals will step in if your primary Attorney(s) become unable or unwilling to act (e.g., due to death, illness, or resignation). This ensures continuity and avoids the need for court intervention if your first choice cannot fulfil the role.
What to Discuss with Your Chosen Attorney
Before formalising the Power of Attorney, have an open and honest conversation with your prospective Attorney(s). Discuss:
- The responsibilities involved.
- The types of decisions they might need to make (financial, welfare, or both).
- Your specific wishes and preferences regarding your care, living arrangements, and financial management.
- Where important documents are kept.
- The fact that they will need to keep records of their actions and financial transactions.
- Their willingness to act in your best interests and adhere to the Adults with Incapacity (Scotland) Act 2000.
The Role of a Glasgow Solicitor
While the choice of Attorney is deeply personal, consulting a solicitor in Glasgow is essential for the legal process. They will:
- Explain the implications: Ensure you fully understand the powers you are granting.
- Draft the document: Prepare a legally sound PoA that accurately reflects your wishes.
- Certify your capacity: A solicitor (or doctor) must sign a certificate confirming you have the mental capacity to grant the PoA.
- Guide on Attorney selection: Offer advice on the suitability of your chosen Attorney(s) and the implications of appointing multiple Attorneys.
- Register the PoA: Handle the necessary registration with the Office of the Public Guardian (OPG) in Scotland.
Choosing the right person for your Power of Attorney in Glasgow is a decision that impacts your future well-being significantly. By carefully considering the qualities outlined above and engaging with a trusted legal professional, you can ensure that your affairs will be managed with care, integrity, and according to your deepest wishes, providing invaluable peace of mind for years to come.
