Power of Attorney numbers increase steadily
Power of Attorney numbers increase steadily
Statistics from the Office of the Public Guardian (Scotland) show that the last decade has seen a steady increase in the number of people arranging a Power of Attorney (PoA).
Granting a Power of Attorney is a straightforward legal process enabling people to make arrangements for the future, should they become unable to manage their affairs themselves. By arranging a Power of Attorney, a person can give someone they trust the authority to deal with certain aspects of their affairs if they lose capacity due to ill health in the future. The process is cheap and many Scottish pensioners can have the legal work done for free have their fees subsidised under the Legal Advice and Assistance scheme.
In 2001/02 fewer than 6000 people in Scotland preparing a Power of Attorney. However, last year, over 38,000 made these arrangements. This increase is to be welcomed but still the percentage of the adult population who have appointed attorneys seems disturbingly small – well under 1% of the adult population prepared a Power of Attorney last year
Unfortunately where no Power of Attorney exists but incapacity strikes a family, someone from that family will have to complete a stressful court action to gain powers to act on behalf of the ill person. All the hassle and cost involved in the court proceedings can be completely avoided if a Power of Attorney is put in place before illness strikes.
David Borrowman, Managing Partner at Caesar & Howie solicitor’s believes that timely legal preparations can help reduce the distress families experience as they go through the difficulties associated with death, dying and bereavement:
“People who sensibly address practical issues by arranging a Will, Power of Attorney and Advance Directives generally feel a real sense of satisfaction knowing they have done everything they can to assist their loved ones should illness or death strike. Families too come through the adverse events much better when the party involved has taken the basic preparatory step.
"Preparing a power of attorney is probably the best and most helpful single legal task someone can do to benefit themselves and their family in the case of illness or death. And it is easy and cheap to do.”
When arranging a Power of Attorney, a person can choose exactly what powers they want to grant, whether relating to financial/property matters, or personal welfare. It is set up in a manner to ensure that a person retains their own autonomy for as long as possible.
More information on Power of Attorney and relevant statistics are available on the website of the Office of the Public Guardian.
- Stats: http://www.publicguardian-scotland.gov.uk/whatwedo/historical%20stats.asp
- Power of Attorney: http://www.publicguardian-scotland.gov.uk/forms/power_of_attorney.asp
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