Power of attorney.

My husband got Lasting Power of Attorney after his mother was found claiming benefits she wasn't entitled to. It meant we were able to take over all her financial affairs and was very useful once she was bed ridden in a home as she didn't have to pay for anything in person. It also saved having to try and explain things to her when she was firmly fixed in the 1950's and keeping cash under the bed!

We did it just after we'd moved up to Durham, as our wills needed changing and my husband had a progressive illness.
The signatures were obtained and the forms sent off. The letter came back stating that everything was okay, and what we had to do when needed the day after my husband was diagnosed with brain cancer. He died four months later.
You never know when you will need it.

I did it about 15 years ago when it was still Enduring POA - less complicated than LPOA and still valid, fortunately, as it's more expensive to set up LPOA. I do hope my sons haven't lost their copies!

I am starting to set up Lasting Power of Attorney. It costs a fortune as Elegran says, to sort out somebody's affairs if they cannot give consent.

I am also in the process of rewriting my will and then the solicitor can translate it into "legal speak". Better to do it sooner rather than later, especially if like myself you do not have relatives in this country.

Sorry Elegran....crossed posts, last one was meant for Ana. I've been doing some quick reading on this and it wouid seem not to be as simple as giving someone poa. For dinstance, if it's only financial management of bank accounts then you only need a third party mandate from the bank to do this. Def one for solicitor to set up.

I am talking about in Scotland.

It is much the same as a will, really. The circumstances of the executor to your will could change between writing it and it coming to probate, too. You just have to plan ahead and keep an eye on things. Ours specified that if the first person named was unable to do it, another named person was to take over, and you could add a lawyer as backup to that if you wanted.

Is this the same in Scots law? And who determines the level of incapacity and when poa commences? I would be concerned that if this is set up too early then the circumstances of the appointed attorney may change. New partners, possible undue influences etc. Someone may look like a safe pair of hands at the moment but 15 years from now things could be very different.

If you wait until it become necessary you may not be able to set it up. The person signing it has to be completely compos mentis (and conscious too, of course - if you were suddenly struck down and lying in a coma it would be too late) If I were about to undergo major surgery, for instance, I would have the poa completed as well as a will (hope that doesn't sound morbid)

DH and I set up power of attorney for each other, with the children is the next resort, when we were both quite fit. We did financial poa and a medical one too, in case we were not up to making decisions for ourselves on medical matters. The forms were witnessed and registered and stored beside our wills to be brought out if needed. So far they have not been (DH was lucid almost up to his death)

It is much more difficult to get authority to deal with somone's affairs if they are unable to give their consent - that is one reason for the crumbling houses you see which cannot be sold because their owners are still alive, but not capable of the legalities of a sale.

It won't come into force until and unless the older person becomes mentally incapacitated, and it can be tricky to arrange when that's already started to happen. Good forward planning, IMO.