Security and peace of mind for the future, with our friendly solicitors by your side
While we all hope never to be in a position where we can’t handle our own affairs, it can be reassuring for you and your family to be prepared.
Many people assume that their spouse, civil partner or children are automatically able to manage their affairs if they are no longer capable of doing so themselves, but that’s not the case. Only an individual with legal authority to act on your behalf can do so – and that’s why putting a Power of Attorney in place is so important.
Trusted family members or friends can be appointed by you to act as Attorneys on your behalf in welfare and financial matters. If, for example, you become increasingly frail or in need of some extra support and assistance for any reason, those nominated Attorneys can step in to handle decisions about your finances and provide whatever assistance is needed while you are unable to do so yourself. And, if you are no longer able to look after your own affairs the Attorneys can help with welfare matters for you too.
At Allingham & Co, our Power of Attorney lawyers are experienced in guiding individuals through the process of putting a Power of Attorney in place in a wide range of situations, always doing so with the utmost reliability, compassion and efficiency.
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You can talk to our team of solicitors at either our Colinton office by phoning 0131 447 9341 or our Buckstone office on 0131 445 5109. We’ll be happy to arrange a face-to-face meeting to discuss your needs.
Questions about Power of Attorney?
Granting Power of Attorney is not a decision to be taken lightly. We’ve answered some of the most commonly asked questions here, but please get in touch to talk directly to our solicitors who can advise on your particular situation.Granting a Power of Attorney means that you are appointing one or more people to act as your Attorneys so that they can help you to manage your welfare, finances or both.
Your Attorneys will be able to act and make decisions on your behalf in the event of you becoming unable to do so yourself. Financial powers can be used even if you still have capacity, but only with your instructions and authority. Welfare powers are only ever used if the granter of the Power of Attorney has lost the capacity to make decisions or lost the ability to communicate those decisions.
A Power of Attorney itself is a legal document that is signed by you and certified by a solicitor or medical professional, who is required to meet with you to ensure that you fully understand the purpose and effect of the document you are signing and are not being pressured or unduly influenced by others.
When granting Power of Attorney, you can stipulate when the Power of Attorney is to come into force. You can specify that it should only be granted if you become incapable and you can specify how you wish your incapacity to be determined.
If you are being appointed as an Attorney for someone else, you should ensure that you are aware of the responsibilities and requirements of the role. You should not take on an appointment under a Power of Attorney unless you are comfortable with what may be asked of you and should consult your own solicitor if you have any concerns.
For a Power of Attorney document to be legally binding, it must be certified by a solicitor or medical practitioner. That individual must meet with the person granting the Power of Attorney before signing the document, to ensure and then certify that the granter is aware of the import of the document they are signing, and are happy to sign it.
The powers granted in a Power of Attorney cannot be acted upon until the Power of Attorney has been registered with the Office of the Public Guardian.
A Power of Attorney must be granted by you while you have legal capacity to do so. If you become incapacitated without having granted a Power of Attorney, your family and friends will be unable to manage your finances or make decisions about your care.
They would be required to apply to the Sheriff Court for a Guardianship or Intervention Order to allow them to manage your affairs, and that process is often lengthy and expensive.
Setting up a Power of Attorney whilst you are still fit and well gives you peace of mind knowing that a trusted individual will be making decisions for you in the event that you are unable to do so yourself.
In most cases, a Continuing and Welfare Power of Attorney can be arranged with Allingham & Co’s solicitors for £250 + VAT. There will be an additional cost of £85 for registration of the Power of Attorney with the Office of the Public Guardian.
In some more complex cases, additional work may be required that is not covered by the standard fee. We will discuss this with you in an initial meeting if this is likely to be the case.
Yes, your Attorney can also be an Executor and beneficiary in your Will. In many cases, having supported you in handling your affairs during your lifetime, he or she is likely to be aware of your financial affairs and therefore well-placed to gather the necessary information about your estate after your death.
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Wills
Nearly 60% of all Scottish adults are living without a Will. Many mistakenly believe their loved ones will automatically inherit their estate after their death, while others may not think they’re wealthy or old enough to need a Will. Instead of leaving things to chance, we can help you write a Will that ensures your wishes are followed.
Learn moreLiving Wills
We all hope we’ll always be in a position to make medical decisions for ourselves, but life is unpredictable – and if we do find ourselves incapacitated or terminally ill and unable to communicate our wishes, a Living Will (or Advance Directive) is a powerful guide for those involved in your end of life care.
Learn moreExecutries
With bereavement comes paperwork, bills, legal documentation and many administrative tasks to handle. Our solicitors can help to handle all aspects of an estate to ease the burden on you and settle affairs with compassion and efficiency.
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