The comments of the English Judge on Powers of Attorney should be treated with caution in Scotland, which has it’s own laws and systems.
The most important difference is that, at the time of signing, there is an assessment of the capacity of the granter.
A doctor or lawyer must sign a statement saying that he or she
- interviewed the granter immediately before he/she subscribed the power of attorney;
- was satisfied that, at that the granter understood its nature and extent.
This is not true in England and is an significant safeguard because it weeds out those who are abusing the vulnerable as they will not want their prey to be seen by a professional.
The Office of the Public Guardian Scotland has pointed out that most Powers are produced by lawyers and they have additional safeguards. This is true and valuable.
However, whilst the doors of the Ritz are open to all, not everybody can afford to enter them and, similarly, many people cannot afford a lawyer or are too frightened to ask for an appointment fearing the potential cost.
That is where MyScottishAttorney makes a valuable contribution. Designed by me, a Solicitor, this website provides a high-quality Power of Attorney at, approximately, a third of the price of a Solicitor and with much more convenience.
Despite the savings, the safeguard of the assessment remains in place and, accordingly, it is a safe and affordable method of providing cover should the worst occur.
Bruce de Wert
For a video on how it works see https://www.myscottishattorney.co.uk/video-01.php