When considering power of attorney Glasgow , it’s natural to have questions. This vital legal document, governed by Scottish law, can seem complex, but understanding its core principles is key to safeguarding your future. Here, Glasgow solicitors answer some of the most frequently asked questions about Powers of Attorney.
Top Questions About Power of Attorney Answered by Glasgow Solicitors
1. What exactly is a Power of Attorney (PoA) in Scotland? A Power of Attorney is a legal document where you (the “Granter”) formally appoint a trusted individual or individuals (your “Attorney/s”) to make decisions and act on your behalf if you become unable to do so yourself. This inability could be due to mental incapacity (e.g., dementia, severe stroke) or even physical incapacity that prevents you from managing affairs (though this is more common for financial powers).
2. Why do I need a Power of Attorney? Can’t my family just step in? This is a crucial point many people misunderstand. No, your next of kin (spouse, children, parents) do not automatically have the legal right to manage your affairs if you lose mental capacity. Without a PoA, your family would have to apply to the Sheriff Court for a “Guardianship Order.” This process is lengthy, expensive, and can be emotionally draining. A PoA avoids this by pre-appointing your chosen decision-makers, saving your family considerable stress, time, and money.
3. What’s the difference between a Continuing Power of Attorney and a Welfare Power of Attorney?
- Continuing Power of Attorney (CPOA): Deals with your financial and property affairs. Your Attorney can manage your bank accounts, pay bills, handle investments, and even buy or sell property on your behalf. You can choose for these powers to start immediately upon registration or only when you lose mental capacity.
- Welfare Power of Attorney (WPA): Deals with your personal welfare, health, and medical treatment. Your Attorney can make decisions about your daily care, living arrangements, and consent to or refuse medical treatments. These powers only become active if and when you lose mental capacity.
- Most people in Glasgow opt for a Combined Power of Attorney, which includes both Continuing and Welfare powers in one comprehensive document.
4. When should I set up a Power of Attorney?The best time to set up a PoA is now, while you are healthy and have full mental capacity. If you wait until you have lost capacity, it’s too late, and your family will have no option but to go to court for a Guardianship Order. Incapacity can arise suddenly due to accident or illness at any age, not just in old age.
5. Who can I appoint as my Attorney? You can appoint anyone you trust who is over 16 years old. This could be a spouse, partner, adult child, other family member, close friend, or even a professional such as a solicitor or accountant (especially for financial powers). It’s vital they are reliable, organised, and understand your wishes. For a Continuing (financial) PoA, your Attorney cannot be bankrupt.
6. Can I appoint more than one Attorney? Yes, you can appoint multiple Attorneys. You must specify whether they are to act “jointly” (meaning they must all agree on every decision) or “jointly and severally” (meaning they can act together or individually). “Jointly and severally” often provides more flexibility. It’s also wise to appoint substitute Attorneys who can step in if your primary Attorney(s) become unable or unwilling to act.
7. Does granting a PoA mean I lose control over my affairs? Absolutely not. As long as you have mental capacity, you retain full control over your affairs. The PoA simply provides a mechanism for someone to act if and when you cannot. For Welfare powers, your Attorney can only act if you lose capacity. For Financial powers, even if active, you remain entirely in charge unless you choose to delegate tasks.
8. Do I need a solicitor to set up a Power of Attorney? Can I do it myself? While you can technically draft a PoA yourself, it is strongly advised to use a qualified Glasgow solicitor. Scottish law has specific requirements for drafting and execution. A solicitor ensures:
- The document is legally valid and enforceable.
- It is tailored to your specific needs and wishes.
- The mandatory Certificate of Capacity (signed by a solicitor, advocate, or doctor confirming your capacity) is correctly obtained.
- The PoA is properly registered with the Office of the Public Guardian (OPG) in Falkirk, which is essential for its legal validity. Errors in a DIY PoA can render it useless, leading to the very court process you tried to avoid.
9. How much does it cost to make a Power of Attorney in Glasgow? The cost typically involves two parts:
- Solicitor’s Fees: For a standard Combined PoA, these can range from £250 to £450 plus VAT for a single person, and often discounted rates for couples.
- OPG Registration Fee: A statutory fee of £96 (as of June 2025) is paid to the Office of the Public Guardian per document. You might be eligible for Legal Aid (“Advice and Assistance”) if you are on a low income or certain benefits.
10. Can I change or cancel my Power of Attorney? Yes, as long as you retain mental capacity, you can change or cancel your PoA.
- To cancel: You must provide a written notice of revocation, accompanied by a Revocation Certificate (signed by a solicitor, advocate, or doctor confirming your capacity to revoke), and send both to the OPG.
- To change significantly: For substantial changes (e.g., adding/removing an Attorney, changing powers), you will generally need to create a new PoA document, which will require a new Certificate of Capacity and OPG registration. Minor administrative changes (like address updates) can be done by written notification to the OPG.
Setting up a Power of Attorney is a crucial step in preparing for life’s uncertainties. By consulting with a reputable Glasgow solicitor, you can ensure your PoA is comprehensive, legally sound, and provides the peace of mind you and your family deserve.
