Life rarely follows a perfect script, and while many of us hope to live our lives independently for as long as we can, sometimes situations arise where we need support from those we trust most.
Whether due to illness, accident, or simply old age, having a plan in place for future care and decision-making is crucial, and here at Innes & Mackay, we want to ensure you know what legal processes are available should the need arise.
What is a Power of Attorney?
Imagine having a friend or family member who you fully trust, ready to step in as ‘co-pilot’ if and when you need them to provide support and care over your finances and welfare – this is what it’s like to have a Power of Attorney.
A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. This can be done in two ways:
- Financial Power of Attorney: This allows your Attorney to manage your finances, such as paying bills, investing money, and buying or selling property.In order to qualify as a financial attorney, you can not have previously been declared bankrupt.
- Health and welfare Power of Attorney: This allows your Attorney to make decisions about your healthcare and well-being, including consenting to medical treatment, arranging care services, and making decisions about your living arrangements.
However, in order to do a Power of Attorney, you must have the mental capacity to do so. Therefore, if you’re concerned about having the ability to make decisions for either yourself or a family member, then it’s important that you contact your solicitor as soon as possible to begin the process.
In fact, a Power of Attorney can be appointed by anyone from 16 years of age. Therefore, we often advise to start this process sooner rather than later. A Power of Attorney can be updated and amended as you progress through life.
As each situation is unique to each individual, consulting a solicitor is crucial to ensure you have the right type of Power of Attorney for your needs.
What is a Guardianship order?
When a Guardian Takes the Wheel:
A Guardianship order provides a legal framework for protection to those who are considered most vulnerable. A court-appointed Guardian may be able to make essential decisions about finances, healthcare, and overall well-being in the best interests of the individual.
However, the specific powers granted to a guardian will depend on the court order and the needs of the individual. This can include power over:
- Finances: Managing income, paying bills, investing funds, and making other financial decisions.
- Healthcare: Consenting to medical treatments, choosing living arrangements,and overseeing care needs.
- Personal welfare: Making decisions about daily living activities, such as meals, clothing and hygiene.
- Legal matters: Representing the individual in legal proceedings and signing legal documents.
A Guardianship order is a serious legal step with significant implications for both the individual and the guardian. It should only be sought when other options, such as Power of Attorney, are insufficient. Therefore, consulting with a legal professional is crucial to understand the process and implications involved.
It is also important to note that parents, guardians or other family members of children with disabilities affecting their decision-making capacity will need to apply for Guardianship when their child turns 16 and enters adulthood. This does not happen automatically, and the application process can begin six months before the child’s 16th birthday.
Deciding on the right path
The best option, as is the case for many circumstances, depends solely on w your current situation and needs for the future.
In summary:
- A Power of Attorney is for those who want to plan ahead and choose a trusted individual to step in if needed. It is often a proactive approach that offers peace of mind.
- A Guardianship order is when someone already needs legal protection due to an inability to make decisions for themselves.This option ensures their well-being is cared for, but can only be sought if no other legal authority is in place.
Talking openly with your loved ones about your wishes and preferences can make a world of difference. Clear communication ensures everyone is on the same page and can act in your best interests, even when things get challenging.
At Innes & Mackay, we have served our local communities for many years and we’re among the leading firms in Inverness to provide specialist advice on long-term care and support.
We’re regularly sought for our pragmatic, empathic approach and understand the need for legal advice to be delivered by advisors who appreciate the reality facing clients.
For further assistance, get in touch with our team by phone or contacting us online.
