Powers of Attorney in Scotland: Getting it Right

Powers of Attorney in Scotland: Getting it Right

Recent cases have shown that Powers of Attorney are legal documents that cannot be treated lightly. Whilst it can be important and even essential for a family in such situations where they may have an ageing parent, it is not a power that should be granted without serious consideration.

The recent case concerning Janette Maddox who stole 44,039 from her dementia suffering father exemplifies this. Her father had granted a Power of Attorney in favour of his daughter before his health began to fail. Her father's health then deteriorated and he was moved to a care home. His daughter sold his house and deposited 31,196 into his bank account. However, instead of using the funds in her father's account for his care and welfare, his daughter withdrew 52,289, of which only 8,249 went towards his care costs.

Ms Maddox was accordingly convicted at Durham Crown Court and her Power of Attorney was revoked. Instead of using her father's money for his benefit, she had been withdrawing funds for her own personal use.

Accordingly, when advising clients of the benefits of granting a Power of Attorney in favour of a trusted friend or family member, consideration must also be given to the unfettered powers such a document gives to the grantee.

A power of attorney is a deed of authority granted by you in favour of a trusted individual who can deal with aspects of your financial/property matters and/or personal welfare. None of us knows the future, and we cannot tell if dementia will creep up, or if we will suffer a stroke, or be in an accident which will leave us unfit mentally or physically to look after our own affairs.

In order to protect against that risk, a power of attorney is prepared and signed, and left to one side until needed maybe years later. In the absence of a power of attorney, the infirm person's family has to go to court to get a guardianship order at great expense and trouble. For further specific information on powers of attorney from Glasgow and East Kilbride Solicitors, see Austin Lafferty's Law Blog on Powers of Attorney.

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