Continuing (financial) Power of Attorney:
someone to look after your money and property.
Appoint someone you trust when you need it most.
A Power of Attorney (POA) is a legal document which you can create with a solicitor, appointing those you trust to make decisions on your behalf if you are unable to do so by yourself.
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The future is unpredictable, and incapacity can happen to any of us at any time, from accidents and illness to the onset of dementia. A Power of Attorney ensures your needs are protected and you are in control if you are unable to protect yourself. Much like an insurance policy, we hope that you never need to use it, but if you do, a Power of Attorney is invaluable.
We work with your best interests in mind.
No one, not even your next of kin, has an automatic right to make those decisions on your behalf without the appropriate legal authority. A Power of Attorney must then be registered with the Office of the Public Guardian in Scotland. Our Powers of Attorney Lawyers will take care of all requirements on your behalf as part of our bespoke service, keeping you well-informed and fully involved throughout the process.
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Uncertain about the best course of action and need some advice?
Contact us nowWhat type of Power of Attorney is right for me?
There are two kinds of power of attorney which will help if you become mentally incapacitated:
Welfare Power of Attorney:
someone to decide about your welfare, such as medical and care decisions.
Tailored Service:
You can make one Power of Attorney covering both welfare and money matters or two Powers, appointing different people. You can appoint joint Attorneys or choose someone as a substitute Attorney in case your first choice can’t carry on.
Uncertain about the best course of action and need some advice?
Contact us nowFrequently Asked Questions
We can help every step of the way.
A Power of Attorney allows you to nominate the people you trust to make important decisions for you if you are unable to make these choices yourself in the future. No one, not even your next of kin, has an automatic right to make those decisions on your behalf without the appropriate legal authority.
You can name more than one person as your attorney and list the specific powers you wish your attorneys to have – this will ensure your needs are protected if you are unable to protect yourself. Your attorney can be a spouse, relative, friend or professional over 16. They must confirm they are freely willing to act for you.
No one has the automatic right to make decisions on your behalf, not even your next of kin. If you do not get a POA and you were to lose capacity, your family (or the local authority in some cases) would have to apply through the court to be appointed as your guardian.
This can be a very lengthy, stressful and expensive procedure, adding unnecessary upset for your family during what is likely to be an already difficult time.
When you will be able to start acting as an attorney will depend on the type of attorney you are.
Continuing attorneys
The POA will state when you can begin using the property or financial powers granted to you. Your powers may be triggered by a certain event, normally in the event of incapacity. In this event, the POA will set out how to determine incapacity. When you are ready to begin acting as an attorney, you should let all relevant authorities know. This includes banks, pensions and investment managers, and the Department for Work and Pensions.
Welfare attorneys
You will only be able to start acting as an attorney when the granter becomes incapable. In this event, the POA will set out how to determine incapacity. You should at this stage let all relevant authorities know including the granters’ medical provider, dental surgery and any care home or hospital staff.
You will continue to act as an attorney until any of the following happens:
- The POA is revoked or cancelled by the granter
- You resign as an attorney
- The granter passes away
- If you are a continuing attorney and either you or the granter become bankrupt, or if either of you is subject to a Trust Deed
Information for Attorneys
If you have been appointed as a joint attorney, you may be required to make decisions alongside other attorneys. The POA document will set out exactly what powers you have, and for certain decisions or circumstances, you may be solely responsible. When you will be able to start acting as an attorney will depend on the type of attorney you are. There are two main types:
The POA will state when you can begin using the property or financial powers granted to you. Your powers may be triggered by a certain event, normally in the event of incapacity. In this event, the POA will set out how to determine incapacity. When you are ready to begin acting as an attorney, you should let all relevant authorities know. This includes banks, pensions and investment managers, and the Department for Work and Pensions.
You will only be able to start acting as an attorney when the granter becomes incapable. In this event, the POA will set out how to determine incapacity. You should at this stage let all relevant authorities know including the granters’ medical provider, dental surgery and any care home or hospital staff.
Helping you and your family when you need it most
