Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Power of Attorney Glasgow, Scotland

Power of Attorney is the legal solution available should you wish to appoint someone to look after your affairs if you become unable to do so yourself. A Power of Attorney document will be created according to your wishes, with the guidance of a solicitor. Your Power of Attorney lawyer will look after your individual requirements, ensuring your interests are paramount throughout, and will register the document with the Office of the Public Guardian on your behalf.

When it comes to something as important as making arrangements for your welfare and financial affairs, or those of a loved one, you need experienced and professional experts at your side who will ensure every detail is covered, and that your rights are enforced and protected. At Jones Whyte Law, our team of specialist solicitors are ready to help with your legal needs. We will guide you through each step of the Power of Attorney process. Contact us today to find out how we can help.

Power of Attorney in Scotland

A Power of Attorney is an authority given by an individual (the granter) to another (the attorney/attorneys) to deal with aspects of the granter's affairs in the event that the granter is no longer able to look after these matters themselves, for example through an accident or illness.

A Power of Attorney document can deal with the granter's money and property (known as a Continuing Power of Attorney) and/or powers relating to their personal welfare and health (known as a Welfare Power of Attorney). For example, a Welfare Power of Attorney may allow your appointed attorney/attorneys to make decisions on medical treatment, while a Continuing Power of Attorney may give authority to your attorney to deal with your bank accounts and collect money due to you. It is possible to combine continuing and welfare powers in the same document, however, you may prefer to keep these separate, depending on the sensitivity of the information.

Who Can I Choose as Attorney?

The granter usually appoints their partner or children to act as attorney. However, it is a personal choice, and often other relatives, close friends or a solicitor is appointed. It is important to choose someone you trust. Scots law requires the attorney to be over 16, and where the power is for financial and property affairs, the person must not be currently declared bankrupt. The person you appoint must also be willing to act as your attorney. You can choose more than one person to act as attorney, and you can also choose an alternative attorney, in case your first choice is unable to take on the role.

It is entirely your choice if you wish for your financial affairs and property to be handled by your attorney immediately, or only if you become incapacitated. Welfare powers, however, can only be given to the attorney if you lose capacity. Therefore, if you are able to make decisions for yourself once again, your appointed welfare attorney will no longer have power.

Why is a Power of Attorney Important?

Where you have not arranged a Power of Attorney, this means if you lose capacity, your loved ones will have to apply to the court for a Guardianship Order. This is not only a time-consuming process, but it can also be stressful and costly. It may also be that the person who obtains guardianship may not be the person you would have wished.

We are here to help you solve your legal problems. If you are looking to plan for the future, or wish to speak to someone about a loved one’s affairs, get in touch today with our experienced Power of Attorney Lawyers in Glasgow .

Contact our Power of Attorney Lawyers Glasgow, Paisley, Hamilton and Edinburgh

We are a team of young, dynamic, client-focused litigators, who pride ourselves on providing innovative and effective solutions. We serve clients throughout Scotland, and offer an open-door policy and legal services tailored to your needs and budget. For legal advice and assistance from solicitors who will always put your best interests first, please contact us on 01413751222 or complete our online enquiry form.

Jones Whyte Law private client solicitors serving clients across Glasgow, Paisley, Hamilton and Edinburgh.

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