Advice and Legal Services in relation to Powers of Attorney
A Power of Attorney is a legal document giving someone else authority to act on your behalf, should you be unable to do so. Putting in place a Power of Attorney is an essential part of planning for the future. You can grant your Attorney(s) financial powers only, welfare powers only or a combination of both.
Contrary to popular belief, should you lose capacity for any reason and are unable to attend to your own affairs, your family cannot simply step in. Should you lose capacity to make decisions on your own behalf and you do not have a Power of Attorney in place, your family and or friends would need to make an application through the Court for a Guardianship Order. This is a lengthy process and it is therefore crucial to put your affairs in order and prepare a Power of Attorney.
TC Young can also provide advice to Attorneys to ensure you are complying with your duties and acting appropriately.
Our team of specialists
You are in safe hands with our skilled and experienced team of trusted advisors.
- Partner
- Partner
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- Senior Solicitor
- Solicitor
- Solicitor
- Solicitor
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- Trainee Solicitor
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FAQs
The answers to some of our most frequently asked questions.
Who can grant a Power of Attorney?
In Scotland, anyone over the age of 16 can grant a Power of Attorney as long as they are mentally capable of expressing their wishes and understanding the implications.
Who can be my Attorney?
You can appoint anyone over the age of 16 to be your Attorney. Your Attorney should be someone you trust completely and believe will act for your benefit. You can appoint more than one Attorney, as well as having different Attorney(s) for financial and welfare matters.
When are Attorneys able to act?
An Attorney only has legal authority to act on the person’s behalf once the Power of Attorney has been registered with the Office of the Public Guardian (OPG) and one of the circumstances noted in the Power of Attorney has triggered the use of the powers e.g. the person has asked their Attorney to start acting or a doctor has confirmed they have lost capacity to make financial and/ or welfare decisions.
Can I change my Power of Attorney?
You can change or revoke your Power of Attorney at any time provided you have mental capacity to do so.
