DON'T PUT OFF YOUR POWER OF ATTORNEY 

To raise awareness on the importance of having a Power of Attorney (PoA), NHS Western Isles has partnered with local solicitor firms Ken MacDonald & Co, Anderson Macarthur Solicitor & Notaries and MacDonald MacIver & Co Limited, to develop a series of short information films. 

There may come a time at any age, due to an accident, a head injury, a stroke or an ongoing progressive illness, such as dementia, that anyone can lose capacity. This means when a person no longer has the ability to use and understand information to make or communicate their decisions.  

Many people believe when they are unable to make decisions for themselves, that their spouse/ partner, next of kin or named person will automatically take over making decisions for them – but this is not the case without having a registered PoA in place.  

Iain Maclean, Solicitor and Notary Public, Ken MacDonald & Co, said “A PoA is a vital legal document that adults over the age of 16 should have in place. It grants power to someone that you know and trust and gives them the authority to take action or make decisions on your behalf, when you no longer have the capacity to do so.”  

In fact, put simply, without a PoA any future decisions taken for you may instead be taken by a doctor, the local authority or the court. This includes you receiving medical treatment, your home and living situation, and managing your financial affairs. Your family/named person would then have to apply to the Court for a Guardianship or Intervention Order for them to manage your affairs, which can be a long and expensive process.  

Isabel Macleod, Director of Anderson Macarthur Solicitor & Notaries, said, “There are a number of misconceptions around having a PoA. Whilst many believe they are simply too young to have one or that by having one it is tempting fate, they may find that if the time comes and one is actually required, it is too late by then to put one in place. For example, an accident or a sudden health issue such as a stroke can unfortunately happen to anyone at any point in their lives, therefore, it is advisable for adults of all ages to put one in place.” 

In addition, where a married couple has everything listed in only one spouse’s name, such as household bills, mortgage and bank accounts, unfortunately this means that should that spouse be deemed without capacity and without a Power of Attorney in place, the other spouse will be unable to access or amend any of these details, so would be unable to continue paying their regular bills and payments from these accounts.  As everyone should be responsible for their own affairs, couples are encouraged to speak to each other to discuss these important issues and plan ahead, should the worst ever happen. 

Eilidh MacInnes, Solicitor and Notary Public, MacDonald MacIver & Co Limited, said “Many people assume that by already having a Will in place, that this will suffice. However, it is incredibly important to note the difference between a Will and a Power of Attorney – a Will only applies after your death, whereas a Power of Attorney applies while you are still alive.” 

Presently, the registration fee for a PoA is £85, plus the costs of the solicitor to make arrangements.  The Scottish Legal Aid Board has help and information for those on low or modest incomes to set up a free Power of Attorney, if eligible, and for further information visit slab.org.uk/new-to-legal-aid or telephone 07918 334798. 

In addition, the Western Isles Cancer Care Initiative have grants available to help those with a current cancer diagnosis set up their PoA.   

For further information about PoA, please visit the My Power of Attorney website at: mypowerofattorney.org.uk 

The six local films will be posted on NHS Western Isles social media channels each day from Monday 4^th December, and thereafter will be available on its Vimeo channel at: https://vimeo.com/nhswesternisles