Adults With Incapacity

What is a power of attorney?

A power of attorney is an authority given by an individual (known as the Granter) to another person (known as the Attorney) to deal with aspects of the Granter's affairs. This can relate to financial/property matters and/ or personal welfare.

Financial and Property affairs:
Powers relating to the Granter's financial /property affairs are known as "continuing powers" and may be given with the intention of taking effect immediately and continuing upon the Granter's incapacity or beginning on the incapacity of the Granter.

Personal Welfare:
Welfare powers cannot be exercised until such time as the Granter has lost the capacity to make these decisions.

Granters have scope to grant whatever powers they choose, however as these powers will be strictly interpreted; the Granter should ensure that the powers granted are specific and cover all the relevant aspects of their affairs. A power of attorney document should contain either continuing powers, welfare powers or a combination of both.

We can help you grant a Power of Attorney and have it registered with the Office of the Public Guardian at a very reasonable and fixed cost of £310 (inc VAT & registration fee).

Certificate of Capacity:
The document must also include a statutory certificate which as solicitors registered to practice in Scotland we can complete and sign.

For more information you can visit the OPG's website http://www.publicguardian-scotland.gov.uk/whatwedo/power_of_attorney.asp or telephone our office on 01698 820700 or 01355 249900 to make an appointment with our experienced Adults with Incapacity lawyer, Paul Gostelow. 

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