Scots registering Powers of Attorney ebbing

The number of adults in Scotland registering a Power of Attorney (PoA) has fallen significantly, according to figures obtained by Scottish Law firm Gillespie Macandrew from the Office of the Public Guardian.

A PoA is a legal document which empowers a trusted person to make decisions and act in matters of finance and personal welfare on behalf of another when that person is unable to deal with the matters themselves.

Once registered, it remains valid unless it is cancelled or amended by the granter, or the granter dies, ensuring that the attorney has the authority to make decisions if necessary.

In 2016 a total of 50,373 PoAs were registered with the Office of the Public Guardian compared to the 61,184 registered in 2016, an almost 18 per cent decrease.

Decreases were consistent across all age groups as those under the age of 65 registered 16 per cent fewer PoAs while PoAs from those over the age of retirement fell by close to 19 per cent.

However the number of PoAs registered varied widely across age groups. For people in their twenties new PoAs fell from 197 to 186, while for those in their fifties new PoAs fell from 5,345 to 4,622.

Elspeth Paget, head of private client at Gillespie Macandrew, was surprised by the figures after seeing dramatic improvements between 2014 and 2015, when PoAs registered increased by almost 20 per cent.

She said: “The latest figures indicate that people may not be aware of how invaluable a Power of Attorney can be in unforeseen circumstances. It is disappointing to see the fall in numbers, especially having seen increases in those registering in recent years.

“A Power of Attorney is an essential document regardless of age as it allows a trusted person to make decisions on your behalf about both medical care and welfare as well as finances if you are unable to do so. Both younger and older people should be aware that authorising a trusted person to make decisions could prevent serious consequences even at a young age, for example, having somebody able to make major decisions for you if you are seriously ill.”

Gillespie Macandrew is holding two free seminars open to people interested in finding out more or considering acting as an attorney in Edinburgh on Thursday 15 June at Gillespie Macandrew’s offices at 5 Atholl Crescent, and in Perth on Wednesday 21 June at the Black Watch Museum.

Members of the firm’s Private Client team will seek to address common concerns and questions including the rights and responsibilities of an Attorney and the rules and guidance in place for exercising their powers.