A Power of Attorney is a legal document by which the granter appoints someone ("the attorney") to act/make decisions on behalf of the granter, in respect of financial and/or welfare matters.
Continuing Powers of Attorney over the granter's property and finances can either start immediately and continue, or they can begin in the event of the granter's incapacity.
Welfare Powers of Attorney enable the attorney to make decisions about the granter's health care and welfare. These powers can only be exercised by the attorney if the granter has been certified by a medical practitioner as having become incapable.
Usually a single Power of Attorney document is signed, combining the Continuing and Welfare elements.
Once signed by the granter, the Power of Attorney must be registered with the Office of the Public Guardian in Falkirk in order to give it legal validity . A registration fee is payable to the OPG. We can arrange such registration once the appointed attorney has signed an application form consenting to act as the granter's attorney.
The Office of the Public Guardian (OPG) is part of the Scottish Courts and Tribunals Service and provides relevant free (but non-legal) advice and information on Powers of Attorney. For further details please consult their website at:- www.pubIicguardian-scotland.gov.uk
If you or a person close to you requires a Power of Attorney, we can assist you. Tait & Peterson offer a knowledgeable and efficient service with regard to both guidance and assistance in the creation of Powers of Attorney . Our Solicitors can also provide advice to appointed attorneys concerning the exercise of their powers.
If you require advice or further information, please contact us