Power of Attorney
A Power of Attorney is a document which enables you to appoint someone whom you trust to manage your financial affairs, and perhaps also your welfare affairs, should you lose the ability to do so through mental or physical incapacity. You must grant the deed while you have the capacity to understand the nature and extent of the powers contained within the deed. A solicitor or medical doctor must sign a certificate at the time you grant the deed certifying that the solicitor or doctor considers that you have sufficient capacity to understand the implications of granting Power of Attorney.
It is important to note that so long as the adult can give clear instructions to grant a Power of Attorney if the adult is blind or has poor vision and cannot read the document, or if the adult cannot sign because of some physical impairment, then a solicitor can sign on behalf of the adult and this will be a perfectly valid way of granting the deed. The Power of Attorney must be registered at the Office of the Public Guardian before it can be operated by the Attorney.
If an individual does not have capacity to grant a Power of Attorney, then a guardianship application to the court may be necessary. Walker Laird have experience in dealing with guardianship applications.
Our partner, David Forbes, deals extensively in the area of Guardianship Law.
Where an adult does not have, or loses, capacity to deal with their legal and personal affairs there is provision for a court appointed guardian. This is usually, but not necessarily, a family member, either parent, sibling or adult child. The process can appear involved and lengthy however we can help simplify that and assist you in navigating your course through the necessary steps and procedures so that only once appointed as a guardian you can look after your loved one.
The court can grant powers to deal with all aspects of personal care, accommodation and necessary medical treatment. It can allow for powers to deal with the management of benefits, income, savings and other property and to deal with the issue of care costs if your relative is in care or receives support in the community.
We have the experience of working with medical professionals, social workers within the local authority and of course bring our own legal experience in applying to the court in order to make sure the process is carried out successfully, smoothly and as quickly as possible.
To discuss matters in more detail and for advice on your particular circumstances please contact David Forbes.
You may also be interested in making Wills.