Powers of Attorney and Guardianships

If you wish someone else to manage your affairs, you may appoint an Attorney to do it for you. A Power of Attorney (PoA) is a legal document appointing someone to do this.

What happens if someone cannot manage their affairs?

If you do not have a PoA in place, and become unable to manage your own affairs, your family must go through the process of appointing a Guardian. This can be lengthy and expensive.

If a relative cannot look after their affairs, you may need the court to appoint someone as a Guardian. Again, this process can be lengthy.

We can help you with both Powers of Attorney and Guardianships, always trying to keep the process as streamlined and jargon-free as possible.

Which type of PoA do you need?

There are different types of Power of Attorney:

• financial PoAs, for a specific transaction or period of time, or an indefinite length of time
• welfare PoAs, covering matters such as accommodation, dress and diet
• combined PoAs covering financial and welfare matters.

If you are thinking of setting up a PoA or think a relative may need one, we can help determine what would work best for you and your family. Having one in place is considerably easier than having to appoint a Guardian at a later date.

Support on mental health issues

Finding yourself subject to compulsory mental health orders can be daunting and distressing for you and your family. We have vast experience of advising clients with mental health difficulties and of representing patients and Named Persons at Tribunals, always providing support in an understanding manner.

We can provide advice about any orders made under mental health legislation in Scotland, and can also support you fully with applications and appeals to the Mental Health Tribunal for Scotland.