Power of Attorney (PoA)
A Power of Attorney (PoA) is a legal document where an individual gives authority to another person to make decisions on their behalf about financial and/or personal welfare issues, in case they lose capacity.
For example, John may choose to give Janet the power to make decisions for him if he becomes unable to do so. When arranging the Power of Attorney, John must understand what he is doing and be able to make a decision about it. Powers relating to John’s financial or property affairs are known as continuing powers. These may be given to take effect immediately and continue if John becomes incapacitated, or they may begin only when John lacks capacity. Welfare powers can only be used when John has lost the ability to make decisions about his welfare.
Intromission of funds
This refers to the process of accessing money held in the name of a person with incapacity. For example, this could involve accessing a bank account that is solely in the name of the person with incapacity. To do this, a specific form must be completed and registered with the Office of the Public Guardian.
Intervention orders
An intervention order allows another person to make a one-off decision for someone if they are unable to do so themselves. For example, this could be consent to a medical procedure or to sell a property. To do this, you need to apply through the Sheriff Court.
Setting up a PoA
The Office of the Public Guardian (OPG) aims to deal with PoAs within 30 working days of receiving the document. If the request is granted, the PoA will be processed within 5 working days. If it is refused, they will let you know.
In partnership with an independent legal advisor, VOCAL runs free monthly appointments to help carers set up a PoA. Carers and the people they care for can attend these sessions to see how a PoA could help for their individual needs and circumstances.
Guardianship
A Guardianship order is a court appointment which authorises someone to act and make decisions on behalf of an adult with incapacity. Setting up guardianship is useful for all carers, particularly parent carers or those who care for someone with confusion or memory problems.
VOCAL also offers free, 30-minute legal surgeries, where carers can get specialist professional advice on Guardianship.
Office of the Public Guardian
The Office of the Public Guardian (OPG) in Scotland has a general function to supervise people who have been appointed to manage the financial or property affairs of adults who lack capacity to do so for themselves. As well as providing information and advice, the OPG investigates concerns where the property or financial affairs of an adult seem to be at risk. Each week, the OPG posts updates on which PoAs and guardianship orders are being processed on their News page.
Legal surgeries
VOCAL also offers carers free, 30-minute appointments with local solicitors, Caesar and Howie. They can offer you legal advice on wills, trusts, Power of Attorney and guardianship.
