Call us now: 0141 429 8166
Call us now: 0141 429 8166
Something else we should all do but very often don’t get around to. A Power of Attorney allows someone to deal with your affairs if you no longer have the mental capacity to do so. Every year thousands of people across Scotland lose capacity – it could be an accident, a head injury, a stroke or an ongoing progressive illness. The only way you can plan for your future is to appoint someone with Power of Attorney.
Our specialist private client solicitors can help you with a tailored Power of Attorney to suit your needs, giving you the power to make decisions that will protect you, your family and those you care about should you ever lose capacity to make decisions for yourself. We offer discounts for family packages. Legal Aid is available. Call us on 0141 429 8166 or complete our online contact form to arrange an appointment.
A Power of Attorney is a legal authority given by one person to another to deal with their personal affairs. This can include their finances, such as giving access to bank accounts and the power to make decisions regarding their property; and their personal welfare, including medical decisions and arrangements for their personal care. A person can decide whether to grant only welfare or financial powers to their appointed Attorney or they can grant both.
The person who completes the document giving the authority to another to act on their behalf is the Granter, and the person who is then given the authority to act is the Attorney.
In order to grant Power of Attorney, the Granter must have legal capacity at the time of signing the document. This means that they must be able to fully understand what they are doing and have the ability to make a reasoned decision as to whether they wish to do so. If a person does not have capacity to grant Power of Attorney then they are unable to do so. It may be that a guardianship order will be required in such circumstances.
Powers relating to the Granter's financial affairs are known as "continuing powers." They can take effect immediately, or only come into force when the Granter loses legal capacity. This is when the law says that the Granter is no longer able to fully understand the implications of the decisions they have to take. Welfare powers cannot be exercised until such time as the Granter has lost capacity.
The decision as to which powers to allow the Attorney to have should be freely made by the Granter. It is important that the powers granted should be specific as they will be interpreted strictly. For this reason, it is recommended that specialist power of attorney legal advice is taken before the document is prepared, to ensure that it is as robust as possible.
Livingstone Brown can provide full advice in respect of Powers of Attorney. We can advise whether this is the appropriate order for your individual circumstances and, if so, can deal with drafting and registering this on your behalf. Simply arrange an appointment to meet with one of our Solicitors to begin the process. Call us on 0141 429 8166 or complete our online contact form.
Livingstone Brown was a nominated finalist for the KD Media Scottish Legal Awards 2023, in the category of Family and Private Client.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.
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