Power of Attorney Solicitors serving Inverness and the Highlands of Scotland

Protecting your family when you need it most

Many people think being next of kin enables them to make decisions for a family member if they’re not able to look after themselves. 

This is not the case.

Your spouse, partner, children or other loved ones are powerless to make any decisions on your behalf unless you have appointed them in a Power of Attorney.

If you want the ability to make decisions — for either yourself or a family member — there are options available:

• Financial Power of Attorney
• Health and Welfare Power of Attorney

Power of Attorney allows you to choose someone that you know and trust to make decisions and to be able to act on your behalf. This is usually in situations where you’re no longer able to do so yourself.

You can appoint the same person to cover both your finances and health and welfare, or you can appoint a different person to cover each part.

Power of Attorney: Financial Interests in Scotland

If you want someone else to be able to manage your money, property, or other financial interests — for whatever reason — a Financial Power of Attorney is needed. This does not need to be due to incapacity of your own abilities.

A Continuing Power of Attorney allows your Attorney to manage your finances based on a list of powers you have given them. This can involve:

• the day-to-day management of your bank accounts
• dealing with a property you own
• dealing with your business interests
• many other things. 

You will be able to specify in detail how your money can be used, and in what circumstances this is to happen.

Power of Attorney: Health and Welfare in Scotland

You may be concerned about whether you’ll be able to make decisions about your own health or care in the future. A Welfare Power of Attorney deals specifically with your healthcare and welfare decisions in case of illness, accident or old age.

Unlike a Financial Power of Attorney, the person you identify to have responsibility for your care will only be given such authority when it becomes clear that you’re no longer able to look after yourself.

Who Draws Up a Power of Attorney?

Powers of Attorney are usually drawn up by a solicitor and it’s important to take advice on this complex document. 

When the document is completed, it must be signed by either a doctor or a solicitor and it must be registered with The Office of the Public Guardian in order to be valid.