Craig Bennet - Power of Attorney

Cowdenbeath Rotarian, Craig Bennet was the speaker at this week’s meeting.  On leaving Beath High School, Craig studied at Edinburgh University graduating in 1990 and after completing the Diploma in Legal Practice, trained with Macbeth Currie & Co, Dunfermline before moving to Morgans in 1994.  Craig specialises in the preparation of wills, executries, guardianships and his topic was Power of Attorney.

Powers of Attorney 

A Power of Attorney (POW) is a legal document that allows you to appoint those you trust to make decisions on your behalf in the event that you require assistance or are no longer deemed to be mentally capable of dealing with your own affairs.

Craig explained that 70,000 POW are created every year. It is reported that the average age of setting up POW is 81. They are not compulsory but you should consider making one. If deemed incapable without a POW , guardianship can take 18 months to two years because of lack of mental health officers.

Attorney is the person power of attorney and can step in to your shoes and make decisions or deal with your finances and welfare matters. The POW is enacted if an adult is deemed incapable, if the adult has signed document when capable. It is like an insurance.

The following notes were taken from Craig's address -

Welfare

House - If person becomes incapable that allows support services to come in with the intended benefit of keeping the adult at home as long as possible.
Hospital and Care Home - responsibility of the attorney that the adult is looked after there
Hospice - responsible dying with as much dignity as possible. Receiving food and drink
Death - power of attorney ends at death

Finance 

No one is taking anything away from you but there can be abuse when access to inheritance is sought prior to death! Assets and liabilities remain the adults but you are allowing your attorney to handle your finances using your money. 

Rules that attorney has to follow - 
1. Act in the adults best interest (not their own)
2. Attorney has to recognise everything that the adult wants to happen within reason
3. Attorney should always follow the least expensive option available to them

Procedure for making Power of Attorney 
1. Decide to make one
2. Visit solicitor to arrange, should be a minimum of two - A failing B or C
3. Draft and agree the document 
4. Sign documents
5. Send to Public Guardians Office in Falkirk

When required a Letter of Authority is signed by the adult.  But the onus is on the individual to have informed bank, pension provider, financial advisor, doctor, dentist etc that they have granted a Power of Attorney. 

As a point of interest Craig maintained that if Power of Attorney was offered to everyone over the age of 80 that would pay for itself because bed blocking would be reduced. 

The club’s formal vote of thanks was given by PP Neil Spriddle.