Joint News Release – The Highland Council / NHS Highland
Watch the Power of Attorney Month videos to find out more on our YouTube.
During Highland Power of Attorney Month this June - Highland Council housing tenants are being urged to consider setting up a Power of Attorney to protect themselves and their families.
Many people are unaware that if they lose capacity to make decisions, others can only help them make important decisions if they have legal authority to do so. This includes ending their tenancy and rent account if they can no longer stay there.
Chair of the Housing and Property Service, Cllr Glynis Campbell Sinclair said: “More of our tenants are taking control of their future. They’re making sure that, if their situation changes, they don’t leave their loved ones with difficult drawn-out arrangements or debt challenges. They do this by putting in place power of attorney arrangements.
“We’re raising awareness of the help our tenants can get to set up these arrangements. For example, households on low incomes can do this for free and may also get help with their legal costs. This makes the process much more affordable.”
Highland Council and NHS Highland are backing the Highland Power of Attorney Month campaign to spread the word about how having Power of Attorney in place can help people deal with medical, financial and legal issues when they or their families become unable to do so.
Arlene Johnstone, NHS Highland’s Chief Officer for Health and Social Care added: “The mental strain of dealing with debt at any time can be very challenging. When a parent or relative goes into hospital or care, dealing with unpaid rent owed is a long and complicated process. We would urge people to have Power of Attorney in Place before it is needed so that families can focus on their loved ones care and not potential money worries that might have been avoided.”
Implications for families and friends:
When a council tenant who loses mental capacity does not have a Power of Attorney in place this can create serious legal and practical problems for both the tenant and the landlord. Without a Power of Attorney, the key problem is lack of legal authority at the exact moment it is most needed. Without a valid Lasting Power of Attorney (Property and Financial Affairs) family members or friends cannot legally manage the tenancy.
Without Power of Attorney in place for the tenant:
- Families or friends cannot pay rent from the tenant’s account.
- They also cannot sign for, or end tenancies.
- They cannot deal with housing officers.
- Nor apply for benefits on behalf of the family member who has lost capacity.
The implications are that rent may go unpaid, direct debits may fail and benefits may stop or not be claimed.
Find out more
Information about Power of Attorney in Scotland, including how to set one up, is available from:
The Office of the Public Guardian in Scotland
Follow the campaign throughout June on social media at #HighlandPOA26