Power of Attorney Solicitors Glasgow
A power of attorney lets you choose someone you trust to make decisions for you if you ever cannot make them yourself, whether because of illness, an accident or dementia. Without one, your family may have to go to court before they can help. Our power of attorney solicitors in Glasgow prepare continuing and welfare powers of attorney under Scots law for a fixed fee, and we handle the certificate and registration for you.
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Power of attorney lawyers in Glasgow
A power of attorney, often shortened to POA, is a legal document that allows someone you choose, called your attorney, to make decisions on your behalf. The person making it is known as the granter. In Scotland, powers of attorney are governed by the Adults with Incapacity (Scotland) Act 2000. Any granter aged 16 or over can make one, as long as they have the mental capacity to understand what they are signing.
We prepare powers of attorney for clients in Glasgow, Edinburgh, Dumfries and throughout Scotland. We draft the document around your wishes, provide the certificate the law requires and register it with the Office of the Public Guardian. Many clients put their will in place at the same time.
Power of attorney in Scotland at a glance
- Continuing power: covers your money and property, and can start straight away or only if you lose capacity.
- Welfare power: covers your health, care and personal welfare, and can only be used once you have lost capacity.
- Certificate: a solicitor or doctor must interview you before you sign and confirm you understand.
- Registration: it must be registered with the Office of the Public Guardian before it can be used.
- Timing: you can only grant one while you still have capacity, so it is best done early.
Continuing and welfare powers of attorney explained
There are two types of power in Scotland. Most people choose a combined power of attorney, which includes both.
A continuing power of attorney covers money and property, such as:
- paying bills and managing bank accounts
- dealing with pensions and benefits
- selling or renting out your home
- dealing with HMRC and your tax affairs
- managing investments
A welfare power of attorney covers personal decisions, such as:
- where you live and your care arrangements
- consenting to medical treatment
- your day to day care and diet
- dealing with social work and care providers
- who you have contact with
You can choose for continuing powers to take effect immediately once registered, which many people find useful if they simply want help with their financial affairs. Welfare powers can only ever be used when the granter no longer has the capacity to make the decision themselves.
Our fixed fee powers of attorney
Our fees are fixed and agreed before we start. All prices below are plus VAT at 20% and the Office of the Public Guardian registration fee, which is currently £99.
- Single power of attorney £450
- Mirror powers of attorney for a couple £600
- Single will and power of attorney £595
- Mirror wills and powers of attorney £795
Not sure which powers you need?
Call 0141 433 2626 or book a free consultation. We will talk it through with you and tell you exactly what it will cost before you decide.
What happens if you do not have a power of attorney?
If you lose capacity without a power of attorney in place, nobody has automatic authority to act for you. That includes your husband, wife, civil partner or children. Banks may refuse to discuss your financial matters with them, and care decisions can stall.
Your family would then need to apply to the sheriff court for a guardianship order. Guardianship is slower, more intrusive and far more expensive than a power of attorney, often taking several months and costing thousands of pounds in legal fees, medical reports and court costs. The court also decides who is appointed, rather than you. Read more about the differences between power of attorney and guardianship.
How we put your power of attorney in place
A free consultation
We talk through who you would like to appoint, which powers you need and any limits you would like to set, and confirm the fixed fee before any work starts.
We draft your power of attorney
We prepare the document around your wishes, including any substitute attorneys and whether your attorneys must act together or can act separately. We send you a draft to check in plain English.
Signing and the certificate
Before you sign, the law requires a solicitor or doctor to interview you and certify that you understand the document and are not under any undue influence. We can provide this certificate as part of our service.
Registration
We send the signed document to the Office of the Public Guardian, which registers it and returns it with a certificate of registration. Your attorneys can then use it in line with what you have set out. Registration can take several weeks, which is another reason not to leave it until it is needed.
Choosing your attorney
Your attorney should be someone you trust completely, such as a partner, adult child, relative or close friend. You can appoint more than one person, and name substitutes in case your first choice cannot act. Many people choose different attorneys for their finances and their welfare.
Attorneys must follow the principles of the Adults with Incapacity (Scotland) Act 2000. Any decision they make must benefit you, be the least restrictive option, and take account of your past and present wishes. The Office of the Public Guardian and the local authority can investigate if there are ever concerns about how an attorney is acting.
When should you make a power of attorney?
The best time is now, while you are well. A power of attorney is not just for older people. An accident or sudden illness can happen at any age, and you can only grant a power of attorney while you have the capacity to do so.
A diagnosis of dementia does not automatically mean it is too late. If you still understand what you are signing, a power of attorney can usually be put in place, but time matters. Our guide on what to consider when a loved one has dementia explains more.
Have an English Lasting Power of Attorney?
A Lasting Power of Attorney made in England and Wales is a different document under different law. If you live in Scotland, a Scottish power of attorney is the safer choice, as banks and care providers here may not accept an English one without extra steps.
Why choose Simplicity Legal for your power of attorney?
- Fixed fees, published on this page and agreed before we start
- We provide the certificate and handle the registration for you
- Plain English advice, without the legal jargon
- Regulated by the Law Society of Scotland
- One team for your power of attorney, your will and, later, your executry
Contact our power of attorney solicitors in Glasgow
Whether you are planning ahead for yourself or helping a parent put their affairs in order, we would be glad to help. Call 0141 433 2626 or request a callback, and one of our solicitors will be in touch. We also have offices in Edinburgh and Dumfries. Clarity Simplicity Ltd is regulated by the Law Society of Scotland.
Read our power of attorney FAQs or find out how a power of attorney works with your will. Please note, this advice does not apply to England and Wales.
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0141 433 2626
Address
34 Woodlands Road
Glasgow
G3 6UR
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