Powers of Attorney

Often when dealing with someone who is suffering from a condition affecting their ability to make decisions, the last thing a carer will think about is looking into whether it is possible for the person they are caring for to grant a Power of Attorney.

A Power of Attorney is a legal document that allows a person to appoint someone that they trust as an ‘attorney’ to make decisions on their behalf. With regard to financial (sometimes referred to as continuing) powers this may be when the individual no longer wishes to do so on their own behalf or, in the case of welfare powers, when they no longer have capacity to do so. It can be a friend, relative or a professional person.

With this authority in place, decisions can quickly and easily be made regarding the financial and welfare affairs of an individual.

Without it, simple decision making may be impossible or at least difficult and can create a stressful situation for all involved. We can advise on the options available, prepare and register Powers of Attorney.

At all times we take into account the wishes of the individual and, where appropriate, consult with relevant others including the family, medical professionals and wider existing support network.

Powers of Attorney differ from other provisions under the Adults with Incapacity (Scotland) Act 2000 such as Intervention Orders and Guardianship which may be required when a person no longer has capacity to make decisions.

The Office of the Public Guardian in Scotland, based in Falkirk, is tasked with supervising those appointed to manage the affairs of another.