Guardianship and Powers of Attorney
The Office of Public Guardian state that "a lasting power of attorney is a legal document that lets you (the ‘donor’) appoint people (known as ‘attorneys’) to make decisions on your behalf."
There are two types of lasting power of attorney:
*health and welfare
*property and financial affairs
A continuing (financial) and/or welfare power of attorney (PoA) is a written document giving someone else authority to take actions or make decisions on your behalf. The PoA details the names of the people, known as attorneys, who you want to help you and lists the individual powers that you want them to have. The PoA will also state when your attorneys can begin acting.
Anyone over the age of 16 who is capable can make a PoA. The PoA provides legal authority for the attorney to make decisions for you. The PoA could be used in the future if you become incapable. Nobody likes to think that they may not be able to look after themself but accidents or illness can happen to anyone.
In a PoA you can include things to do with making decisions about:
*your money and/or property only; or
*your health or personal welfare; or
*all of your financial affairs and personal welfare.
You can appoint anyone you want, over the age of 16. This could be a family member or friend, a solicitor or accountant, or a combination. It's usually a good idea to have more than one attorney or maybe what is called a substitute attorney to step in if your attorney can no longer do things for you.
You can appoint someone to deal with your financial matters and someone different to deal with your personal welfare.
It is good practice for you to discuss with the person you want to have as your attorney what being an attorney actually involves. It will be helpful if you keep a note of the matters discussed and give your prospective attorney a copy too.
You can find out more about lasting power of attorney on the gov.uk website.
Contact for families with disabled children run online workshops for parents. Any parents and carers who are interested just need to book for a free place. Their sessions cover a range of topics including Preparing for Adult Life.
Preparing for Adult Life
Transition simply means change – and for young disabled people, growing up is one of the biggest changes they face. Explore how to support your child as they approach adulthood in this free workshop for parents and carers of children with additional needs in Scotland. We will be joined by Tracey Francis from ARC Scotland who will share tips and support for you to navigate the journey.
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