Power of Attorney Solicitor

Powers of Attorney

Why is a Power of Attorney important?

A Continuing and Welfare Power of Attorney allows your loved one(s) to take care of you, your finances, and affairs if you become unable to do so for yourself during your lifetime. Unfortunately, it is a situation that can arise, be it temporarily or permanently. In the event that you become unable to look after yourself and your assets, having a Power of Attorney gives you peace of mind in knowing that your affairs are taken care of by someone that you know and trust.

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.”

We hope that it will not be needed, and you are able to make your own decisions during your lifetime but, if you are not, you will have planned for that. The process of having someone appointed to be your decision maker if you have lost capacity without a Power of Attorney is much more complicated and expensive.

A Power of Attorney can make life easier for you and your loved ones should anything happen to you.

Appointing an Attorney

How to draft a Power of Attorney document

An attorney in this context is an individual (not to be mistaken for the word “attorney” which is a lawyer in the United States of America). Your attorney may be a family member or friend (or in some cases a solicitor). Your attorney will make decisions about your welfare and finances if you are unable to. The first stage then is to decide who you would like to appoint as your attorney. Remember, 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. 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.

At Watermans, we can listen to your circumstances, provide advice and draft your Power of Attorney document, which is then signed in the presence of a witness and a solicitor. All Power of Attorney documents created in Scotland are then registered with The Office of the Public Guardian.

We are here to offer expert advice and help you every step of the way.

No Power of Attorney?

What if I don’t have a Power of Attorney?

Unfortunately, it is impossible to foresee when someone may need a Power of Attorney. It is not only elderly people that are encouraged to appoint one; accidents and illnesses can affect people of all ages. If you are rendered incapable of caring for yourself, your property or your finances and don’t have a Power of Attorney in place, a loved one will need to apply to the Sheriff Court for a Guardianship or Intervention Order.

This is a court order granting the applicant the legal authority to make decisions about a person’s welfare and financial matters, if he or she no longer has capacity. Although serving the same function, a Guardianship Order is generally only valid for a fixed period of time.

Why Watermans?

Why should I choose Watermans to draft my Power of Attorney document?

Our dedicated team of solicitors are here to help you every step of the way. We understand that electing a Power of Attorney may seem like a complicated and daunting task, but we take the hassle out of the legal side of things for you, so you can concentrate on getting your affairs in order.

At Watermans, we are here to offer straightforward legal advice and a confidential, professional service. Deciding to draft a Power of Attorney document is an important life decision, and we want to make that process as easy as possible for you.

We offer the following prices for our Power of Attorney services;

• Single Power of Attorney – : £325 plus VAT and Registration Dues