• Power of Attorney

    Our Glasgow-based family lawyers can advise on the powers you may wish to provide to allow others to make decisions on your behalf

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For a free consultation. Please note, we do not offer legal aid funding.

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Contact Us

For a free consultation. Please note, we do not offer legal aid funding.

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Power of Attorney

Who will make decisions on health and finances if you are unable to do so? 

Speak to one of our experienced Glasgow family lawyers today to discuss putting in place appropriate powers of attorney to cover your key responsibilities, whether in relation to your own personal health and finances, caring responsibilities, or business decisions.

What is the purpose of a Power of Attorney?

A Power of Attorney allows you to appoint one or more trusted individuals to manage your affairs and act on your behalf, should you be unable to do so. This could be on a temporary or permanent basis. Your appointed attorneys will have the power to make important decisions on your affairs. You can appoint more than one Attorney - it is common to assign a Welfare Power of Attorney to one individual, and a Continuing Power of Attorney (for financial matters) to someone different.

Without a Power of Attorney,  your loved one(s) will be unable to make key decisions on your behalf. Once you are incapacitated, you can no longer appoint them as attorneys, and they must instead apply for a Guardianship Order through the Courts. The process of applying for a Guardianship Order can be costly in terms of both time and money.

 

Registering A Power of Attorney

Registering A Power of Attorney

A Power of Attorney is drafted confirming attorney appointments, clarifying the individuals involved understand the nature and gravity of the document. The PoA is then signed by the granter and certified by a professional, such as a Solicitor or Doctor who can confirm capacity. The completed document is sent to the Office of the Public Guardian who issue a certificate of registration once completed. There is a registration fee to the Office of the Public Guardian required to complete this registration process.

What Happens if I Don’t Have a Power of Attorney?

What Happens if I Don’t Have a Power of Attorney?

If you become incapacitated without a Power of Attorney, your family members will have to apply for a Guardianship Order through the courts. This can be a time consuming process consuming process and very costly. Once granted, the abilities of a Guardianship Order may not cover every aspect a Power of Attorney otherwise would. Whilst a Guardianship Order is a useful option, having a Power of Attorney in place ensures you have control of who is appointed as your attorney. When people lose capacity without a PoA, the local authority are often appointed as Guardians rather than family members. Having a PoA in place before it is necessary is the ideal course of action.

Applying for a Guardianship Order

Applying for a Guardianship Order

If a loved one has become incapacitated without a Power of Attorney, a Guardianship Order is the only option to take control of their affairs. Applying for an order is a time consuming and difficult Court process, and requires expert guidance to submit accurately. At Kee Solicitors, we can help you navigate the process and apply successfully.

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What should a Power of Attorney cover?

Health & Welfare Decisions

With a Power of Attorney in place, you can grant someone the ability to make decisions based on your health if you are incapacitated and unable to act for yourself. This could be specific courses of treatment you do or do not way, or surgical operations which would impact quality of life. These decisions, particularly for a loved one, can be difficult, so implementing a PoA can help prepare attorneys if this is ever required.

Organising Financial Affairs

Financial affairs can become very complex when someone becomes incapacitated. Where a couple is married but finances or property is in one partner’s name, being incapacitated can cause delays in payments which can result in loss of service or even eviction. If funds are in a sole account which can’t be accessed for rent, this can cause problems which require resolution before a Guardianship can be implemented.

Residency & Housing Support

Not having a Power of Attorney can cause issues with mortgage or rent payments, however both financial and health matters can come together on a care scenario. Unfortunately, where someone is incapacitated, round the clock or residential care is required. A Power of Attorney will allow an appointed person to make decisions on care home type or location, and what ongoing support can be provided to someone unable to take care of themselves.

Business Affairs

If you have a business partner, appointing a Power of Attorney can be crucial in ensuring a business can run continuously if a key stakeholder is incapax. Where business bank accounts could influence wages, rentals, or other core business expenditure, having a business attorney act will ensure a business - where many livelihoods are reliant - can continue to operate wholly.

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Kee Solicitors

  • Suite 5, Buchanan Business Centre,
    Cumbernauld Rd, Stepps,
    Glasgow, G33 6HZ

Tel:  0141 478 9090

Fax: 0141 626 4323