Power of Attorney
Covid -19 restrictions - we are able to take your instructions via telephone, email or video call and, thereafter, would provide you with a draft of your Power of Attorney document. As meetings and home visits are still limited, we can offer a video call to interview you so that you can demonstrate that your Power of Attorney has not yet been signed. If we are satisfied that you have the relevant capacity, you would then sign your Power of Attorney during the video call. Thereafter, you would send the signed Power of Attorney to us for a solicitor to complete the certificate attached at the back of the Power of Attorney document and to witness your signature. We are also able to offer socially distanced meetings and home visits for those who do not have access to suitable technology or who would prefer a face-to-face meeting. Our team are here to help.
A Power of Attorney gives a trusted person the ability to make decisions on your behalf and is a vital part of planning for the future. This person can be given appropriate powers to manage your care and medical treatment as well as your financial affairs as and when required.
In Scotland, no one has legal authority to act on your behalf if you lose capacity (not even your spouse or children) unless you grant a Power of Attorney giving them powers in relation to your finances and personal welfare.
Banks, pension providers and medical professionals are becoming increasingly aware of this and will not take instructions from family members or close friends unless they have evidence of that person’s legal authority to act.
What exactly is a Power of Attorney?
A Power of Attorney is a written document giving someone whom you trust legal authority to act on your behalf. That person (or persons – it is preferable to include more than one) is known as your attorney. You can grant your attorney financial powers only, welfare powers only or a combination of both. For more information you can download our free guide.
For more information or advice please get in touch.
A power of attorney could be all it takes to give you (and your business partners) peace of mind that your business could continue running smoothly should something happen to you. Read our guide.