POA Scotland help

[Castlecould]

Hi all
A while ago my dad set up POA via a lawyer where my mum and dad are each other’s POA but the document states that ‘whom failing’ my sister and I are named POA for both parents.
At the time, we received a copy of the Registered POA stating that to use the documents my parents should sign each page and complete the ‘ Granter of the deed’ last page.
Unfortunately we did not do this at the time and my mum has now lost capacity via Dementia.
My dad is now concerned that should something happen to him, myself and my sister will not have POA rights for my mum. Does anyone know if this is correct? He’s thinking my sister and I need to register our own POA? I’m planning on doing some reading up this week but would be grateful for any advice meantime.
TIA

There are two types of POA. One can come into effect immediately and the other only comes into effect if the granter loses capacity. Do you know which type these POAs were?

Thanks Bluebell. The header of the document states ‘ This power of attorney has been registered with the office of the public guardian in terms of s19A of the adults with incapacity Scotland Act 2000’ and the type of POA is continuing and welfare attorney.
Whilst my dad is here and still capable he is the main person dealing with issues regarding my mum but we were just checking to see if we need to do anything else just in case anything happens to my dad given that we are named as ‘attorney’s’ in the document. Also unsure what the ‘failing’ refers to in the first paragraph. Does this mean death or also cover serious illness/ loss of capacity?

POA is only when the person is living. Its invalidated as soon as the person without capacity dies. I am POA for 2 family members and we sorted it as joint POA in both cases. Even with this it was very complicated when my POA partner became incapacitated and I had to ensure I had sole POA. If I were you I'd revisit the solicitor, not only to give you peace of mind but to tighten up any loopholes.

Whom failing on its own normally means on death

As long as the POA is registered the deed is valid and can be used. Normally a solicitor signs each page to ‘certify’ the deed even though most are now electronic deeds.

it will be in the name of the first attorney however. If you need to use the ‘whom failing’ provision, e.g. on your dad’s death, you need to notify the OPG, consent to act as new attorney and then you will get a new registered POA which has the substitute attorneys named on the certificate.

Fantastic all, thank you all for the very helpful replies

My DSis and I are in a similar position - apparently but maybe not. My DF has advanced dementia and DM has been acting as his POA for a number of years now. She says that it was set up that she and my DF were POA for each other, so if anything were to happen now to DM then it would pass to DSis and me.

However, DSis and I don't have any paperwork for this, and I don't recall signing anything.

Should we have paperwork?

Yes you should have a legal document stating the names and types of POA you hold. Copies are available at cost through the office of Public Register. I have to show my certificate when dealing with new people for my parents.

If you and your sister are only attorneys if your other parent is dead/ incapable you will have no paperwork at this stage

So where do we get the necessary paperwork from if and when we do need it? Like the OP, we're in Scotland.

On the basis that you are appointed to be attorney once your mother is dead ( ask your mother to let you see the POA to check this) when that time comes you apply to the OPG to have your appointment confirmed
You would have to ask for it to be expedited as registration is taking 1 year +

Yikes! If DM predeceases DF then any delay would be a massive problem as he is currently self-funding in a nursing home and has zero capacity.

Will be seeing the solicitor with DSis and DM about other, related, matters next week, so will add POA to the list of things to ask about. Given one parent is currently out the game, it would probably be an idea for us to have POA sooner rather than later.

If you sake for registration to be expedited they do turn it round very quickly, week to 10 days IME