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Power of Attorney

Fixed Fee Power of Attorney Lawyers Scotland

Has a family member or loved one recently lost the capacity to make decisions for themselves? Would you like to give your family peace of mind for the future? In Scotland, a Power of Attorney is just as important as having a Will in place in preparation for your affairs. A Power of Attorney is a legal document which will give power to another person should you be unable to manage your own affairs. The person who will have this legal authority to act on your behalf is chosen by you.

Fixed Fee Power of Attorney Solicitors Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire

The law surrounding Power of Attorney is governed under the Adults with Incapacity (Scotland) Act 2000. The process is very straightforward. The document itself will set out exactly your wishes and the kind of things that person can make decisions about regarding your wellbeing.

It is important to note that the powers you enlist to another person CANNOT be exercised unless you lose capacity. 

What Powers Would My Attorney Have?

Power of Attorney under Scots Law provides for 2 functions:

  1. Continuing Powers = this is often described as your “personal wellbeing”. This could include day to day decisions regarding your welfare, for example, the attorney could make the decision to take you for a haircut.
  2. Welfare Powers = this is generally to manage your financial affairs.

Registration of a Power of Attorney in Scotland

The office of Public Guardian in Scotland are the body who complete the registration of the Power of Attorney documentation. One of our experienced Power of Attorney solicitors in Glasgow or Edinburgh at Simplicity Legal will draft the documentation required, whilst ensuring that the powers are clearly set out for the individual(s) involved. The solicitor will also ensure that the persons involved in the process understand the nature and extent of the document and finally that the Granter is not acting under any undue influence. The next step will be for the registration of the Power of Attorney with the Office of Public Guardian who will issue a certificate of registration.

This certificate is very important and will only become effective should you lose the capacity to manage your own affairs.

Contact our Fixed Fee Power of Attorney Solicitors Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire

Should you require any further information on our fixed fee service for Power of Attorney in Scotland, contact our power of attorney solicitors in Glasgow and Edinburgh for a Free* consultation on 0141 433 2626 or fill in our online enquiry form.

Book a FREE* consultation

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