Alongside our specialist executry (probate) services, solicitors at Wilson & Fish are highly experienced in power of attorney issues. A power of attorney is a document which authorises another person (the attorney) to deal with various issues on your behalf. It is important to note that no-one has an automatic right to act on your behalf in the event of your incapacity – authorising a power of attorney will ensure that a trusted, responsible person protects your interests. There are two types of power of attorney:
- Continuing power of attorney: This concerns property and monetary affairs. It can take effect immediately before the granter is incapable of making decisions for him- or herself. For example, an elderly parent may wish for their adult children to have authority over their finances. Alternatively, the granter can decide that the power of attorney should only come into effect once he or she is incapable.
- Welfare power of attorney: This relates to all welfare matters, such as healthcare and your living situation. Authority granted under this type of power of attorney can only be exercised when the granter is incapable.
Why should I arrange a Power of Attorney?
While a power of attorney can be of great assistance in ensuring that the granter’s financial affairs are well-managed, it can also improve the granter’s quality of life following their incapacity. This is because a power of attorney provides an opportunity to detail various personal wishes and requests – ranging from the everyday (such as particular food likes and dislikes) through to important personal issues (for example, religious requirements and family events you would like to celebrate).
The power of attorney will ideally be written when the granter has the legal capacity to make decisions on his or her affairs. It is very important to consult a legal professional if you feel that a power of attorney might be useful in planning your future. The document must be certified by a solicitor or medical practitioner, who must also interview the granter. This ensures that the granter has not been pressured into signing the document and is fully aware of the legal consequences of signing a power of attorney. The intended attorney must also sign the document to confirm that they are willing to act as such.
If your loved one is no longer capable of authorising legal documents, it is possible to arrange for a power of attorney to be set up. However, this must be authorised by the Office of the Public Guardian. At Wilson & Fish, our power of attorney lawyers can guide you through these procedures to ensure that a power of attorney is secured as soon as possible, to protect your loved one’s assets and welfare.
Our solicitors understand that families considering setting up a power of attorney may well be experiencing very difficult circumstances. You can be assured that we will deal with all matters sensitively, providing a professional and sympathetic service.
Contact our Power of Attorney Lawyers Glasgow, Scotland
Based in Glasgow, we help clients throughout Scotland, including from Aberdeen, Ayrshire, Dundee, East Kilbride, Edinburgh, Paisley and Stirling. Our prices are fair and transparent, and most of our work is undertaken on a fixed-fee basis. If you would like to discuss a power of attorney issue with an expert executry solicitor at Wilson & Fish, please do not hesitate to contact us today on 01412227951 or complete our online enquiry form.
Donna was very helpful & efficient ... thanks - John Rae