Powers of Attorney and guardianships

A Power of Attorney will greatly simplify things for your family and loved ones if you become unable to manage your own affairs

At some point in life – due to an accident, illness or age – you may not want to, or not be able to, manage your own finances, living arrangements, or business. By creating a Power of Attorney (PoA), you can appoint someone else to do this for you – either long-term or temporarily.

What happens without a PoA

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. Not only can this be slow and expensive, but in the meantime, they may not be able to make the simplest decisions or actions about your finances or welfare.

Similarly, if you have a relative who loses capacity to look after their affairs, you may need to ask the court to appoint someone as a guardian.

When people have a PoA in place, the lengthy processes involved in this can be avoided.

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 PoA in Scotland:

• Financial PoA (Continuing PoA) – lets someone manage your money and property. This can be for a specific transaction, a set period, or indefinitely.
• Welfare PoA – covers decisions about personal matters such as accommodation, care, medical treatment, and day-to-day living.
• Combined PoA – brings financial and welfare powers together in one document.

If you are thinking of setting up a PoA or think a relative would benefit from one, we can discuss which type would work best for you and your family.

Support on mental health issues

We also have extensive experience of helping families and individuals who are dealing with compulsory mental health orders. Our team represents patients and Named Persons at Tribunals, and offers empathetic, practical guidance during what can often be daunting and distressing situations.

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

For more information on this, please visit our page on guardianships.

With you on your journey through life

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