POA Scotland continued

PoGee

Hi again - looking for further advice. I've just got the draft POA. I had said that it should be jointly and severally but the severally bit is missing. I have 2 attorneys. If it's left at jointly does that mean they both have to physically be eg at my hospital bed or bank (to close an account etc) or is their written word enough?
Under the 'Particular Welfare Powers', he's written ' my attorney may receive the usual professional renumeration for acting as solicitor or otherwise in the exercise of this welfare power of attorney'. Is this usual? He's not put in anything about consulting with doctors ( but has put in something about consenting to medical treatment).

Nebulous2

PoGee said:

Hi again - looking for further advice. I've just got the draft POA. I had said that it should be jointly and severally but the severally bit is missing. I have 2 attorneys. If it's left at jointly does that mean they both have to physically be eg at my hospital bed or bank (to close an account etc) or is their written word enough?
Under the 'Particular Welfare Powers', he's written ' my attorney may receive the usual professional renumeration for acting as solicitor or otherwise in the exercise of this welfare power of attorney'. Is this usual? He's not put in anything about consulting with doctors ( but has put in something about consenting to medical treatment).

It might be worth asking him. Jointly or otherwise is a dilemma, as the risk is attorneys falling out and not speaking to each other, which can paralyse decision- making. At a lower level they may genuinely disagree about the best way forward for the person. One alternative is to have a POA and a substitute, so if the POA is unable or unwilling to continue in the role the other takes over without starting again. 

No-one will expect both to be there. In fact care homes will look for one to be the primary point of contact, and will assume that contact has consulted with the other.

That works until the POAs fall out, and the second demands to also be consulted on decisions and given copies of all documents, which can delay important decisions. 

The bit about cost refers to a solicitor becoming a POA. He is saying if that is the case they should get paid for acting as POA. 

I must say I am not a solicitor. My background is in dealing with POAs as a care professional, and in dealing with complaints where the relationship between POAs and care services has become strained, so I Am coming from my own viewpoint. 

PoGee

Thank you Nebulous2 for the detailed reply. 

If I write jointly and severally - I think you're saying they can still complain about the other attorney if they don't agree with the decision being made severally.

Re the solicitor payment part, I do have his name as a POA, so can he still put that part in? 

Nebulous2

PoGee said:

Thank you Nebulous2 for the detailed reply. 

If I write jointly and severally - I think you're saying they can still complain about the other attorney if they don't agree with the decision being made severally.

Re the solicitor payment part, I do have his name as a POA, so can he still put that part in? 

Sorry limited time, but if you don't have that part about payment in then he can't get paid for his work as a POA. 

PoGee

sorry Nebulous2 , my last post should say - Re the solicitor payment part, I don't have his name as a POA, so can he still put that part in?

Nebulous2

PoGee said:

sorry Nebulous2 , my last post should say - Re the solicitor payment part, I don't have his name as a POA, so can he still put that part in?

Effectively the POA tends to be a pick and mix from a set of stock conditions. I have read literally hundreds of them, and there is a sameness to most of them.  There needs to be, as they have to cover certain things to be accepted by the OPG. 

It is common to say that the attorney can appoint solicitors and other professionals to act on your behalf and if the attorney appoints them they are able to pay the professional fees that arise as a result of that appointment from your resources.

I'd say it is less common to put in a condition that an attorney would be paid. Generally attorneys are family members / friends who give their time freely. If you did appoint a professional, an accountant for instance, and they also did your tax return, I don't think it would be unreasonable that they were paid as they would be for doing someone else's tax return. That raises a potential conflict of interest for me of a dual role however- and I generally like to avoid conflicts of interest. 

I don't see any harm in the condition. It doesn't allow the solicitor freedom to dip into your funds. 

As I've said my experience is a practical one, not a legal one, generally related to the care (welfare) elements, and not the financial side. In dealing with complaints I may also have had a focus on ones where things had gone wrong, rather than the cases where they went as planned. 

PoGee

Many thanks again Nebulous2, this is very much appreciated.