Many people assume it is something to think about later in life, or only if they become seriously ill.

In reality, anyone aged 16 or over who has capacity can usually set up a PoA. Putting one in place can be a sensible step at almost any stage of adulthood, giving you control over who you trust to help manage your affairs and when you might need their support.

When can a Power of Attorney be used?

One important thing to understand when arranging a PoA is that you do not have to wait until you lose capacity before your attorney can act on your behalf. The arrangements you choose will determine when your attorney can step in, depending on the type of PoA and the terms set out in the document.

Continuing Power of Attorney

A Continuing PoA covers financial matters, including managing bank accounts, paying bills and dealing with property. You can arrange for your attorney to help with these responsibilities once the PoA has been registered, even while you still have capacity to make your own decisions.

Alternatively, you can specify that your attorney should only begin acting when you lose the capacity to make the relevant financial decisions. This flexibility allows you to decide whether you'd benefit from support now or would prefer to have arrangements ready for the future.

Welfare Power of Attorney

A Welfare PoA covers personal decisions, such as healthcare, personal care and accommodation. Unlike a Continuing PoA, your attorney can only make these decisions on your behalf when you lack the capacity to make the welfare decision yourself.

This means you can choose someone you trust in advance, knowing they can step in if you're no longer able to make certain decisions. Until then, you remain responsible for your own welfare decisions for as long as you have capacity.

Combined Power of Attorney

A combined Continuing and Welfare Power of Attorney allows you to plan for both your financial affairs and personal welfare in one document.

You can choose whether your appointed attorney can help with financial matters as soon as the PoA is registered, or only if you lose capacity. Welfare powers, however, can only be used if you become unable to make the relevant decisions yourself.

This flexibility allows you to arrange support with managing your finances when you need it, while also planning for future welfare decisions should your circumstances change.

Why might you want to set up a Power of Attorney early?

For many people, it’s about having a little extra support with everyday responsibilities if a health condition, disability, or change in circumstances makes things more difficult. This might include helping to pay bills while someone is recovering from surgery, or dealing with paperwork during a period of ill health.

Living with a health condition or disability

Someone undergoing chemotherapy or receiving treatment that suppresses their immune system may want to avoid busy public places, particularly during the winter months when infections are more common. With a PoA in place, a trusted attorney could help with financial matters, such as paying bills or dealing with banking arrangements, without the person needing to visit their bank in person.

Similarly, someone with a physical disability or a condition that affects mobility may find it difficult to travel to appointments or manage property-related responsibilities. Appointing a PoA early means their attorney can handle these tasks on their behalf.

Mental health support 

Someone living with a mental health condition may find that their ability to manage everyday responsibilities fluctuates over time. During particularly difficult periods, appointing a trusted person as a PoA can provide valuable support with overwhelming tasks such as keeping track of bills and managing household expenses.

Recovering from surgery or treatment

Someone preparing for major surgery or recovering from a serious illness may struggle with everyday responsibilities for a period of time. Having a PoA in place could allow a trusted person to help manage bills, deal with financial correspondence, or handle other authorised financial matters while they recover.

Juggling care responsibilities

Someone who receives care from another family member, such as a partner, parent, or child, may also find it useful to receive help to allow them to keep on top of their finances.

Getting help with online banking

An older family member or someone with a learning disability may struggle with the technology often involved in managing their finances such as online banking, apps with multi-factor authentication or verification codes. A PoA can allow a trusted person to help manage authorised financial tasks, making these processes easier to navigate, especially at a distance.

Spending extended periods abroad

Someone who regularly travels for work or spends part of the year abroad may find it difficult to deal with financial or property matters from a distance. A PoA could allow their attorney to manage certain matters on their behalf, particularly when something requires immediate attention while they are away.

Whatever your circumstances, it’s worth considering arranging a PoA before you need someone to step in. With registration in Scotland currently taking considerable time, starting the process early can help ensure your arrangements are in place when you need them.

Don't delay planning for the future

A Power of Attorney is not just something to think about in later life. By setting one up while you have capacity, you can decide who you trust, consider the responsibilities you'd like them to help with, and choose when they should be able to act on your behalf. 

Your needs may change over time, so it's also worth reviewing your arrangements periodically. Depending on your circumstances, you may be able to amend or replace your PoA if required.

If you're considering setting up a Power of Attorney, speak to one of our solicitors who can help you understand the options and put arrangements in place that reflect your wishes.

Contact us here.