Powers of Attorney

When someone is unable to look after their own affairs, such as operating their bank account or paying their bills, an attorney can do that for them - provided they have appointed one while they still have the mental capacity to do so. The document which appoints one is called a "Power of Attorney". Where this relates to someone who is elderly or has some form of mental illness, the Deed must be registered with the public official who oversees all such attorneys in Scotland - The Public Guardian. You can look at his website here. There are two types of attorney, a "continuing" who looks after the person's money and affairs, and a "welfare" attorney, who looks after the person's welfare, such as which home they are to stay in. The two types of attorney are usually the same person, and are usually appointed in the same document. The attorney always has to produce an account of their actions if looking after the money of a vulnereable person.

Initial advice about whether a power of attorney is needed is always free. Sometimes it is not needed yet, but folk want it done early so that it will be there when it is needed. Sometimes it has to be done at speed. If you wish it, and there is time, I can for a fixed fee of £20 give you a written note of the circumstances and my advice, so you can think about what to do. If it is clear a power of attorney needs to be prepared, I will produce a draft, check it with you, and then produce the final document. This needs to be countersigned by a doctor or a lawyer to confirm that the person knows what they are signing, so I will normally go to see the person signing it, satisfy myself they understand it, and then countersign the document. It then needs to be registered with the public guardian, along with a document signed by the person appointed as an attorney. My fees for producing a power of attorney are usually £150, but in addition the public guardian's fee for registration is £60, so the total cost is £210.