Powers of Attorney Solicitors in Scotland
A power of attorney is one of the most important legal documents you can put in place to protect yourself and your family. Our solicitors can help you get this right.
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Make a power of attorney while capacity remains, or obtain advice about an existing appointment.
A power of attorney is a legal document in which you appoint one or more trusted people to act for you. It can provide practical help now and protect your position if illness, injury or another condition later affects your ability to make particular decisions.
In Scotland, a continuing power covers property and financial matters. A welfare power covers personal welfare, care and medical decisions. Both types are commonly combined in one document, with powers tailored to the granter rather than copied from a generic list.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Powers of Attorney Service Include?
At Kee Solicitors, we draft powers of attorney that give you and your family genuine peace of mind. Our team takes the time to understand your wishes and ensures the document reflects them clearly and accurately, so that the right people can act on your behalf if you ever need them to.
Certification, registration and when continuing and welfare powers can be used.
The document must contain the required certificate from a prescribed person who has interviewed the granter and is satisfied about capacity, understanding and absence of undue influence. The certifier can be a Scottish solicitor, practising advocate or registered UK medical practitioner. A welfare power does not require a doctor merely because it concerns welfare.
The power must be registered with the Office of the Public Guardian before it can be used. A continuing power can be drafted to operate immediately, on incapacity or in defined circumstances. A welfare power can be exercised only when the granter lacks capacity in relation to the decision concerned.
We discuss the attorneys, substitute appointments, joint or several decision-making, gifts, property, business interests, digital matters, care preferences and safeguards. The document should grant enough authority to be useful without giving wider powers than intended. We also review existing powers, advise on formal revocation or replacement while capacity remains, and identify when concerns about an attorney’s conduct require advice involving the Office of the Public Guardian, local authority or another specialist.
Without a valid power of attorney, family members do not automatically gain authority to manage accounts or make welfare decisions. A court application for guardianship or an intervention order may then be required.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Powers of Attorney in Scotland
Common questions about powers of attorney in Scotland.
When does a power of attorney take effect?
A continuing power can operate immediately or only on incapacity, depending on the wording. A welfare power can be used only when the granter lacks capacity for the relevant welfare decision. Registration is required before use.
Who can I appoint as attorney?
You can appoint a trusted adult and can name more than one attorney or substitutes. The document should state whether they act jointly, separately or in another defined way. Suitability and possible conflicts should be considered.
Who can certify a Scottish power of attorney?
The statutory certificate can be completed by a Scottish solicitor, practising advocate or registered UK medical practitioner who has interviewed the granter and is satisfied about capacity, understanding and absence of undue influence.
Can I revoke a power of attorney?
Yes, while you have the capacity to understand and decide on revocation. It should be done formally, and the attorneys, Office of the Public Guardian and relevant organisations should be notified.
Does the Office of the Public Guardian supervise attorneys?
The OPG registers powers and can investigate concerns about the management of an adult’s property or finances. It does not generally supervise every attorney or welfare decision; welfare concerns can involve the local authority or Mental Welfare Commission.
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