Power of Attorney

A Lasting Power of Attorney allows your loved ones to take care of you, your finances, and affairs when you become unable to do so for yourself.

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Power of Attorney

What is a Power of Attorney?

A Power of Attorney allows someone (usually a relative or a solicitor) to manage your affairs while you are either temporarily or permanently unable to attend to matters such as money, property, health, and personal welfare.

This may include signing documents on your behalf, dealing with finances, or consenting to medical treatment.  A Power of Attorney can only be signed if the granter has the full capacity to sign the document, and therefore we highly recommend having a Power of Attorney as a matter of “good housekeeping.”

This means that in the future, if and when you are incapable of making decisions about your affairs, if you have a Power of Attorney in place, this will alleviate a lot of stress and difficulty, and make managing your affairs a whole lot easier.

Appointing a Power of Attorney

It is common practice for a Power of Attorney document to allow your attorney to make decisions about your welfare and finances. The first stage then is to decide who you would like to appoint as your attorney. Remember, you can appoint more than one individual and you can also have substitute attorneys.

Whoever you appoint as your attorney should be over the age of 16 years old and must be willing to take on the role.  You should think carefully about who you appoint. This should be an individual that you trust to make important decisions on your behalf.  If you decide to appoint more than one individual, it is important to think about the practicalities of whether you would like one of the attorneys to be able to make decisions alone without consulting the other attorneys.

How to Draft a Power of Attorney Document

A Power of Attorney document should be drafted by a solicitor and must be signed in the presence of a witness and a solicitor.  All Power of Attorney documents created in Scotland are then registered with The Office of the Public Guardian.  We can assist you at each stage of the process.

When to Draft a Power of Attorney Document

It is not just in the later stages of life that you may need to think about having a Power of Attorney in place. If you face ill health at any point and face difficulty in making decisions about your affairs, it may be a good idea to think about having a Power of Attorney prepared.

Without a Power of Attorney

If you don’t make a Power of Attorney and then lose capacity, a loved one will need to apply to the Sheriff Court for a Guardianship or Intervention Order. This is a court order granting the applicant the legal authority to make decisions about a person’s welfare and financial matters, if he or she no longer has capacity.  More information on this process can be found here.


Any questions?

Call our Wills and Power of Attorney Solicitors today on 0131 467 5566  or get in touch with us via our online enquiry form below.