POA Scotland

PoGee

Can someone help with questions? I'm about to set up a POA. A solicitor will make up the certificate to say that I'm making the decision myself (+ not coerced etc) and the POA document. I thought the attorneys have to sign something too but the solicitor said 'no'. I went on the OPG Scotland website where I got some info. Am I reading the info correctly - that if it's sent to the Office of Public Guardian by email (EPOAR system), then they do not require the form signed by my attorneys but if sending by post, they (OPG) do? 
If I have 2 attorneys who are to act jointly, do I still need to nominate substitute attorneys? 

naedanger

I don't think the attorneys need to sign at all. I am not 100% sure but I have copies of my parents docs and none of them were signed by the attorneys (and I don't think they were sent by email).

Do:
a) your 2 attorneys have the ability to act alone, including the survivor of them OR
b) do your 2 attorneys have to act together?

If you are choosing option a) are you confident at least one of them will outlive you? (Which probably requires both to be in good health and significantly younger than you?) If you aren't then that indicates you need a substitute.
If you are choosing option b) then you need at least one substitute. Basically you need to be confident 2 out of the 3 will outlive you. 

Also is your POA document explicit whether option A or B applies? If not then make sure it is changed to be explicit.

Keep_pedalling

Our attorneys had to sign part C, but ours were done by post.

PoGee

Thanks for replies.. My kids are in their 20s and in good health (touch wood), so option A would be best in my situation. But say i get really ill and one wants me in a care home but the other wants me at the family home, what happens then? I don't anyone else to have as a substitute attorney.

Keep_pedalling

PoGee said:

Thanks for replies.. My kids are in their 20s and in good health (touch wood), so option A would be best in my situation. But say i get really ill and one wants me in a care home but the other wants me at the family home, what happens then? I don't anyone else to have as a substitute attorney.

What would you want to happen in that situation? It is best to make them aware of your preferences so hopefully there will be no conflict. Both our children are well aware that neither of us want them to take on the role of career should we become decrepit or lose mental capacity, it would probably be more difficult to avoid issues if we wanted to be cared for by family as that is a major ask, probably would not be practicable, and would undoubtedly lead to a lot of guilt felt by both of them.

If you feel one of your children is more in tune with your wishes than the other then one possibility would be to make that child the primary attorney and appoint the other as back-up.

elsien

PoGee said:

Thanks for replies.. My kids are in their 20s and in good health (touch wood), so option A would be best in my situation. But say i get really ill and one wants me in a care home but the other wants me at the family home, what happens then? I don't anyone else to have as a substitute attorney.

They need to be acting in your best interests. So having an indication of what you might have wanted, plus a proper discussion about the pros and cons of each option should help to reach a consensus. 
But if you think their relationship is such that they’re likely to be butting heads over decisions then have one as the attorney and the second as a replacement. 

Or have the conversation with them now. Although myself and my siblings are joint attorneys for my parent, we have agreed I will be the primary decision maker for health/welfare because I know her views the best. And if we’re being completely honest, they’re happy to not take responsibility.
Hsving two attorneys who you think are likely to disagree over the important decisions wouldn’t be very wise. 

PoGee

Thanks Keep_pedalling. The primary attorney idea had been my first thought but junior 2 felt 'unloved'. I read somewhere that you can do a 'letter of wishes', which isn't legally binding but if the 2 didn't agree on anything and it went to court, I'd hope the letter would provide guidance before it got to the court stage.

PoGee

Thanks Elsien, the main question would be how I am cared for if I am incapacitated. I definitely don't want them to feel guilty so it would be my own home + carer to start off with but a care home once it gets too much. 

naedanger

PoGee said:

Thanks for replies.. My kids are in their 20s and in good health (touch wood), so option A would be best in my situation. But say i get really ill and one wants me in a care home but the other wants me at the family home, what happens then? I don't anyone else to have as a substitute attorney.

I think that is the problem with option A. (My guess is that in the worst case it could end up in court.) There can also be practical  difficulties if both attorneys are needed to manage financial affairs. Finally if one attorney isn't around (e.g. predeceased you or was themselves incapable) and you had no substitute then the POA fails (the remaining attorney would not have authority to act alone). 

Having a letter of wishes sounds a good idea, or even better a discussion while healthy.