Powers of Attorney Solicitors in Glasgow
Plan ahead and protect your interests with clear, personal legal advice.
A Power of Attorney allows you to appoint someone you trust to make certain decisions or act on your behalf, helping you prepare for circumstances in which you may need assistance.
At LB & Co Solicitors, we help individuals and families understand Powers of Attorney in Scotland and put appropriate arrangements in place for the future.
Make Important Decisions While You Can
Many people assume that their spouse, partner or children will automatically be able to manage their affairs if they become unable to do so. In Scotland, this is not necessarily the case.
A properly prepared Power of Attorney can give someone you trust legal authority to make specified decisions or manage certain matters on your behalf, subject to the terms of the document and the applicable law.
Putting arrangements in place while you have capacity can help reduce uncertainty for you and your family if your circumstances change.
Our Powers of Attorney Services
We can help you understand the available arrangements, consider who to appoint and prepare documentation that reflects your wishes and circumstances.
Continuing Power of Attorney
Arrangements covering financial and property matters, such as managing bank accounts, paying bills and dealing with property, within the authority granted.
Welfare Power of Attorney
Arrangements allowing an appointed attorney to make specified personal welfare decisions if you become incapable of making those decisions yourself.
Combined Powers of Attorney
Preparing a document that covers both continuing financial powers and welfare powers, where appropriate to your circumstances.
Preparing Legal Documents
Discussing your instructions, identifying the powers required and preparing documentation that reflects your intentions.
Registration Guidance
Assistance with the registration process through the Office of the Public Guardian (Scotland), as required for Scottish Powers of Attorney.
Reviewing Existing Arrangements
Reviewing existing Powers of Attorney when your circumstances, appointed attorneys or wishes have changed.
Different Types of Power of Attorney
Scottish law distinguishes between powers dealing with financial and property matters and those dealing with personal welfare. These may be granted separately or combined in one document.
Continuing Power of Attorney
A Continuing Power of Attorney can authorise an attorney to deal with financial and property matters.
Depending on its terms, it may be used while you still have capacity or may be intended to operate only if you become incapable of managing the relevant matters.
- Managing bank accounts and finances
- Paying bills and dealing with correspondence
- Managing property-related matters
- Handling other authorised financial decisions
Welfare Power of Attorney
A Welfare Power of Attorney allows an appointed person to make specified welfare decisions if you become incapable of making those decisions yourself.
These powers cannot be exercised while you retain capacity to make the relevant decisions.
- Care and support arrangements
- Accommodation and living arrangements
- Certain healthcare decisions
- Other personal welfare matters within the powers granted
Why Arrange a Power of Attorney Before You Need One?
Unexpected illness, injury or changes in mental capacity can make it difficult or impossible to manage everyday affairs.
By arranging a Power of Attorney in advance, you can decide who you trust to act on your behalf and specify the authority they should have.
Without suitable arrangements, family members may need to consider alternative legal procedures to obtain authority to make decisions, which can be more complex and time-consuming.
Who Should You Appoint as Your Attorney?
Your attorney should be someone you trust to act responsibly, understand your wishes and make decisions in your interests within the powers granted.
You may wish to appoint a family member, friend or another suitable person. Depending on your circumstances, you can also consider appointing more than one attorney and deciding how they should act.
What If Someone Has Already Lost Capacity?
A person must have the necessary legal capacity when granting a Power of Attorney.
If someone is no longer capable of understanding and granting the relevant powers, it may not be possible for them to create a valid Power of Attorney.
In those circumstances, family members may need advice about alternative arrangements under Scottish law, such as guardianship or intervention orders.
Concerned about a family member?
If someone close to you is struggling to manage their affairs, obtaining advice early can help clarify what legal options may be available.
The appropriate route depends on the person’s capacity, circumstances and the decisions that need to be made.
Registering a Power of Attorney
In Scotland, a Continuing or Welfare Power of Attorney must be registered with the Office of the Public Guardian (Scotland) before the relevant powers can be exercised.
The document must also meet legal requirements, including appropriate certification of the granter’s capacity and understanding at the time it is granted.
Our team can explain the process and the documents required, helping you understand what needs to happen before the arrangements can take effect.
How the Process Works
Initial Discussion
We discuss your circumstances, concerns and the arrangements you would like to make.
Choose Your Attorney
We explain the role and help you consider who to appoint and which powers to grant.
Prepare the Documents
The appropriate Power of Attorney documentation is prepared and the necessary formalities are addressed.
Registration
The document is submitted for registration with the Office of the Public Guardian (Scotland).
Personal Advice. Practical Guidance.
Making a Power of Attorney is a personal decision. We aim to explain your options clearly and help you put arrangements in place that reflect your wishes.
Personal Approach
Advice based on your individual circumstances and priorities.
Clear Communication
Straightforward explanations of the powers and legal process.
Future Planning
Helping you consider the decisions that may need to be made in the future.
Confidential Advice
Professional handling of personal and family matters.
Powers of Attorney FAQs
What is a Power of Attorney?
A Power of Attorney is a legal document allowing you to appoint one or more people to act on your behalf within specified powers. In Scotland, Continuing Powers of Attorney deal with financial and property matters, while Welfare Powers of Attorney deal with personal welfare decisions.
Do I need a Power of Attorney if I am young and healthy?
A Power of Attorney is not only relevant to older people. Adults may wish to plan ahead in case illness, injury or other circumstances affect their ability to manage their affairs in the future.
Can my spouse or children automatically make decisions for me?
Not necessarily. Being married or related to someone does not automatically give a person authority to manage all of their financial or welfare affairs if they lose capacity.
When does a Power of Attorney take effect?
The position depends on the type of power and the wording of the document. Continuing powers may be exercisable after registration in accordance with their terms, while welfare powers can only be exercised when the granter lacks capacity for the relevant decisions.
Can I appoint more than one attorney?
Yes. You can appoint more than one attorney and specify how they should act, subject to the applicable legal requirements. Your solicitor can explain the available options.
Can I change or revoke my Power of Attorney?
Changes or revocation may be possible while you have the necessary capacity, subject to the legal requirements. It is sensible to seek advice if your wishes or circumstances have changed.
What if my family member has already lost capacity?
If the person no longer has the capacity required to grant a Power of Attorney, another legal arrangement may be needed. Guardianship or intervention orders may be appropriate in some circumstances.
How long does registration take?
Registration times depend on the Office of the Public Guardian’s current processing arrangements and whether the application is complete. We can discuss the process and likely timescales when you contact us.
Thinking About a Power of Attorney?
Contact LB & Co Solicitors in Glasgow to discuss preparing a Power of Attorney, reviewing an existing arrangement or understanding the options available for a family member.