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Power of Attorney
Plan for tomorrow, protect what matters.
Putting in place a Power of Attorney
A Power of Attorney protects you and your loved ones by allowing them to make decisions on your behalf when you are no longer able.
Do I need a Power of Attorney?
There’s no substitute for peace of mind. And that comes with knowing you’re prepared for the future. With a Power of Attorney and a Will from Ness Gallagher your assets are protected, your loved ones cared for and your wishes safeguarded.
A Power of Attorney is a legal document which allows you to plan for the future and gives someone you trust the authority to make decisions about various matters for you (including financial matters and personal welfare), if you lose the capacity and are no longer able to do so yourself.
The person to whom the power is granted can:
Unfortunately, many of us lose our mental capacity as we age due to c. Conditions such as Alzheimer’s or dementia. Although loss of capacity can happen to any of us at any age anyone can have a serious accident or suffer a stroke or other illness, no matter their age therefore it’s not just the elderly who should have a Power of Attorney in place.
Without one, there is no automatic right for your loved ones to make decisions on your behalf. So, no matter what age you are, you should have in place a Power of Attorney.
Types of Powers of Attorney
There are two different types of Power of Attorney, each granting slighly different powers:
Continuing PoA
If you lose capacity, a Continuing (Financial) Power of Attorney is used to allow your chosen attorney to act on your behalf in respect of your financial matters. These powers can include:
It’s important to note that a Continuing Power of Attorney can be activated as soon as it’s registered with the Office of the Public Guardian (OPG). Our specialist team can help you set up the legal document, helping to ensure that your finances are protected no matter what happens.
Welfare PoA
A Welfare Power of Attorney concerns any decisions regarding your medical care and personal welfare. Powers under this particular document range from daily care to life-sustaining treatments, such as:
Unlike a Continuing Power of Attorney, a Welfare Power of Attorney can only be used when you lose capacity. It is also possible to get a Combined Power of Attorney, which allows your chosen person to handle both your medical and financial decisions.
FAQs
Do I need a witness for my Power of Attorney?
In Scotland, a Power of Attorney must be witnessed by an independent adult. The granter - the person creating the Power of Attorney - must also be interviewed by a doctor or lawyer in order for the Power of Attorney to be considered valid.
Can I amend my Power of Attorney?
There are a variety of amendments that can be made to your Power of Attorney, including an address change, removing powers and adding an attorney. It’s important to note that a Power of Attorney cannot be amended if the sole attorney dies; this would result in a terminated Power of Attorney and you would need to create a new one.
What brings a Power of Attorney to an end?
Circumstances which will end a Power of Attorney include the death of either the granter or sole attorney, if the sole attorney resigns from their position and - where the attorney is a spouse - following a divorce (unless specified otherwise).
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Testimonials
Power of Attorney Lawyers
At Ness Gallagher, we understand that the prospect of making decisions about life-long care and delegating the responsibility to someone else can be overwhelming. Based in the Central Belt and serving Scotland, our friendly and professional legal team are here to handle your situation in complete confidence.