Power of Attorney Edinburgh

What is a Power of Attorney and how do I get one? 

A Power of Attorney is a legal document which can be drawn up with a solicitor, appointing those you trust to make decisions on your behalf if you are unable to manage your own affairs. Your Attorney can be a spouse, partner, relative, friend or professional over the age of sixteen years. They must confirm they are willing to act for you.

Insurance – peace of mind 

Nobody can predict what will come next. Incapacity may happen to any of us, be it as a result of an illness or an accident. Without the appropriate legal authority no one has an automatic right to make those important financial and welfare decisions on your behalf which might be necessary should you become incapacitated. Granting a Power of Attorney ensures that your interests will be protected by someone you trust and whom you have chosen. We all take out insurance for travel, for our home and for our cars. Making someone your Power of Attorney is like taking out insurance against what might happen to us in the future. Like all insurances we hope that we will never need to use it but it gives us peace of mind.

Registration 

A Power of Attorney must be registered with the Office of the Public Guardian in Scotland before it can be used. Quill Legal Power of Attorney Solicitors Edinburgh can help you to apply for Power of Attorney and will ensure that it is properly registered as quickly as possible.

Types 

There are different types of Power of Attorney. A Welfare Power of Attorney enables your attorney to deal with your welfare needs, which covers medical and care decisions. A Continuing or Financial Power of Attorney authorises your attorney to deal with your financial affairs. These two distinct sets of powers are most often contained in a combined Continuing and Welfare Power of Attorney but they may also be laid out in two separate documents. 

Level of authority 

Making someone your Power of Attorney might involve different people being appointed to act as financial and welfare attorneys. You can appoint Attorneys to act jointly and independently or jointly and the best approach is to also appoint substitute Attorneys in case the first named become unable to act for any reason.

Act now 

The time to consider how to arrange a Power of Attorney is now. It should not be left until you become ill or suffer an accident. Should you become unable to deal with your own affairs it will be too late to appoint someone as your Attorney. Even if you are diagnosed with a condition such as dementia, if you have granted a Continuing and Welfare Power of Attorney in Scotland, your Attorney can continue to take decisions and to act on your behalf. If you still need to consider how to make someone Power of Attorney please contact Quill Legal Power of Attorney Solicitors Edinburgh and Kay Blaikie will be delighted to assist you.

You remain in control while you retain capacity 

After granting a Power of Attorney you can still make decisions for yourself so long as you are able. You can continue to live your life and to arrange your affairs as before. The welfare powers will not come into effect until you have lost capacity and your Power of Attorney can provide that the financial or continuing powers will not become effective either unless you lose the capacity to look after your own affairs, as certified by a medical practitioner. 

Alternative appointment of a guardian 

Sadly, if you have not granted a Power of Attorney and your doctor assesses that you are no longer able to instruct a solicitor to draw up a Power of Attorney the main option available to remedy the situation may be an application to the court to appoint a guardian. This procedure is often not only expensive but also time consuming and will be stressful for the family members concerned.

Kay Blaikie at Quill Legal Power of Attorney Solicitors Edinburgh will help you to understand what you need to do for Power of Attorney. Please contact us by telephoning : 0131 564 1044 or by completing our contact form