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 yourself.
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.
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 is to decide who you would like to appoint as your attorney. 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.
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 is then registered with The Office of the Public Guardian. We can assist you at each stage of the process.
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, the cumbersome and costly process of a Guardianship Order or Intervention Order is required. This is a court order issued by the Sheriff Court to determine who can make decisions about a person’s welfare and financial matters if a person no longer has capacity. To grant such an order the Court requires considerable detail about the capacity of the person (including the provision of medical reports), as well as details about the suitability of the person who is seeking to be appointed to manage their affairs.
Wills & Executries
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.