Power of Attorney Lawyer Edinburgh
Power of attorney gives someone power to make decisions on your behalf. Contact our friendly family lawyers today to discuss power of attorney and find out how we can help you. You can contact us by calling 01313414990 or complete our online enquiry form.
A Power of Attorney deed is a legal document that allows a person to look after your interests if you become unable to look after your own affairs, or are not in the position to do so for a short period. A person can lose legal capacity through becoming elderly or through a sudden accident. If steps have been taken by the person to create a Power of Attorney deed prior to losing mental capacity then immediately the Attorney (usually a relative or friend, or in some circumstances the solicitor) can make decisions in relation to matters such as financial and welfare issues. If a Power of Attorney is not in place when a person loses legal capacity this would mean that family members would require to go to court to obtain such powers through the more complicated procedure relating to Guardianship Orders.
Cost of Power of Attorney
What type of Power of Attorney Do I Need?
Our family law solicitors can guide you through this process. The process is governed by the Adults with Incapacity (Scotland) Act 2000. The act outlines that various different types of Power of Attorney can be granted. We will discuss your needs and advise you on what type of deed is required. Some of the powers granted to an Attorney can come into effect immediately or at some future point when something such as incapacity occurs.
A Simple Power of Attorney
As the name suggests , this is the most basic form of a Power of Attorney. This can be used to grant powers to another person to deal with specific matters when, perhaps, you may be abroad and are unable to attend to daily tasks such as banking, paying bills etc yourself. Such deeds are drawn up on an individual basis and our solicitors can assist to ensure the terms of the deed are fit for your purposes.
A Continuing Power of Attorney
A Continuing Power of Attorney is often drawn up to provide piece of mind to a person who is worried about an inability in the future to look after their own affairs. This can occur due to getting older or because of a degenerative condition. The deed allows the attorney to take decisions in relation to financial matters when incapacity becomes an issue.
A Welfare Power of Attorney
A Welfare Power of Attorney allows the attorney to take decisions on welfare matters such as health, where a person is to live, diet, leisure activities etc. Such powers can obviously only be used where the person has lost the ability to make such decisions themselves. This will require a Doctor to confirm this is the case.
A Combined (Welfare and Continuing) Power of Attorney
Such deeds incorporate both financial and welfare powers. The powers come into force at different times; the financial powers can come into force immediately whereas the welfare powers will require the legal incapacity of the Granter.
How do I get a Power of Attorney?
The Office of the Public Guardian recommends that the person granting another person Power of Attorney should obtain legal advice. The terms of the Deed are very important and should fit the needs of the Granter. At Family Law Edinburgh we have significant experience in advising clients on Power of Attorney matters.
Contact out solicitors today on 01313414990 or complete our online enquiry form.