Powers of Attorney

A Power of Attorney is a document you can put in place if you wish to appoint a person to step in and help with your day-to-day finances or make welfare decisions for you, should you suffer from incapacity in future years. This assistance may be on a temporary or permanent basis, and you, as the grantor, are free to cancel this at any time while you retain capacity.

The appointed person can make decisions regarding your finances, and concerning your personal wellbeing, when you are not able to make those decisions yourself. These include decisions regarding where you will live or what medical treatment you may receive.

If someone reaches the stage of being unable to deal with their property, financial affairs or safeguard their welfare but a Power of Attorney is not in place, and it is too late to do so, an application must be made to the courts for the appointment of a Guardian under the provisions of the Adults with Incapacity (Scotland) Act 2000. The court appoints the applicant to look after the finances or welfare of the individual, Appointing an Attorney, that you choose, is preferable to having the Court appoint a Guardian.

Speak to one of our solicitors at the time of making or updating your Will, or at any other time if you wish to obtain more information about this.