Wishaw Phone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw

MotherwellPhone: 01698 254644Email: ku.oc.rehgallagssen%40llewrehtom 

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:

    Make medical decisions;
    Handle financial and legal matters;
    Manage your affairs.

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:

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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:

    paying your bills
    buying or selling property
    accessing your bank accounts

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.

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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:

    whether to give or deny certain treatments
    where you should live
    access to your confidential medical records

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.


  • 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). 

Don't take our word for it, find out what our clients have to say...


“Ness Gallagher have represented McGarry Flooring & Contracts Ltd for all our legal requirements for over twenty years.We have always been afforded outstanding service with the whole team working diligently and discreetly to advise and guide us through the many challenges we meet in business today”

Liam McGarry - McGarry Flooring


"Ness Gallagher provide a wide range of legal services and I am always confident in their advice."

Sherry Funeral Directors - Motherwell


"We have been dealing with Ness Gallagher for over 20 years and have always found them pleasant to deal with, offering professional advice on all legal matters in a prompt and efficient manner."

Toolstop - Bothwell


"Two generations of our family have relied on Ness Gallagher providing legal assistance for over 40 years.Their guidance and expertise in diverse areas such as the preparation of wills, winding up of estates, and buying and selling property has been invaluable. In all cases the entire process is handled in a friendly, professional manner with a welcome personal touch. We would have no hesitation whatsoever in highly recommending their services."

The Doran and Mullen families, Wishaw


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.