As the recent winter storms have swept across Aberdeen and the Shire, many communities have been reminded how quickly daily life can be disrupted. Icy pavements, cancelled transport and power outages have had a particularly profound impact on older adults and those with mobility challenges, leaving some temporarily unable to manage routine tasks or access essential services.
While storms pass and normality returns, such events invite a broader and more important reflection: what if the loss of independence were not temporary?
A prolonged or unexpected reduction in mobility, whether caused by illness, accident or age-related decline, can quickly give rise to practical and financial difficulties. Managing bank accounts, paying bills, liaising with service providers or making decisions about care can become challenging - even where mental capacity remains intact. It is in these circumstances that a Power of Attorney can provide invaluable protection and reassurance.
In Scotland, Powers of Attorney are governed by the Adults with Incapacity (Scotland) Act 2000, which aims to protect individuals who may lack capacity while respecting their autonomy as far as possible. A Continuing Power of Attorney allows an individual (the “granter”) to appoint a trusted person or persons to manage their financial affairs. Importantly, this type of Power of Attorney can be drafted to take effect immediately, meaning it may be used even when the granter retains full mental capacity. This flexibility can be particularly helpful where physical limitations, travel restrictions or temporary incapacity make it difficult to deal with matters personally.
Justin Reid
A Welfare Power of Attorney, by contrast, relates to decisions about health, care and personal welfare. These powers only come into force if capacity is lost, but they ensure that decisions are made by someone the granter has chosen, rather than by professionals or public bodies unfamiliar with their wishes. Together, Continuing and Welfare Powers of Attorney form a comprehensive framework for future planning, offering clarity and control at times of uncertainty.
To safeguard against misuse, the law requires that a Power of Attorney must be formally certified, confirming that the granter understands the nature and extent of the powers being granted and is not acting under undue influence. This certification can only be provided by a practising solicitor or a registered medical practitioner, reinforcing the importance of taking appropriate professional advice at the outset.
The consequences of failing to put a Power of Attorney in place can be significant. If an individual loses capacity without a valid Power of Attorney, family members may have no legal authority to assist. In such cases, an application for a Guardianship Order through the Sheriff Court may be required. This process is often lengthy, expensive and emotionally taxing, at precisely the moment when families are least equipped to navigate complex legal procedures.
At Laurie & Co Solicitors, we regularly advise individuals, families and business owners on the importance of Powers of Attorney as part of prudent personal planning. Our experienced team takes a careful and tailored approach, ensuring that each Power of Attorney reflects the granter’s circumstances, priorities and future needs. As recent events have shown, life can change unexpectedly. Taking steps now to put robust legal arrangements in place can provide peace of mind - whatever the weather may bring.