Power of Attorney

At BK Gill Solicitors, we specialise in providing legal advice and support to clients who are seeking to establish Powers of Attorney under the Adults with Incapacity (Scotland) Act 2000.

By granting Power of Attorney, you give a loved one the legal power to act on your behalf. However, once you have appointed a Power of Attorney, they can only act with your permission (for example, if you are unwell and want them to access your bank accounts to pay your mortgage or bills), or if you are unable to act for yourself and a court or GP has declared that you are unable to make decisions. It’s important to note that you must be of sound mind and fit to appoint a Power of Attorney, so it’s essential to understand the implications.

When you appoint a Power of Attorney, you aren’t giving away control to someone else. Instead, you are taking control by ensuring that whoever you select is your choice, and that you won’t end up having strangers or someone you wouldn’t want making decisions for you.

In Scotland, there are two types of Power of Attorney.  

Continuing Power of Attorney covers everything you deal with yourself except for Wills and Executries.
A Continuing Power of Attorney is a legal document that allows an appointed individual (the Attorney) to make decisions on behalf of an individual who is no longer able to make decisions for themselves due to a mental or physical disability or illness.

A Continuing Power of Attorney is an important legal tool that allows the Attorney to make decisions on a range of matters on behalf of the individual, including financial and personal matters. This can include managing bank accounts, paying bills, making decisions about property or investments, and making decisions about medical treatment and care.

It’s important to note that a Continuing Power of Attorney does not cover matters related to Wills and Executries. This means that the Attorney does not have the power to make decisions related to the distribution of the individual’s estate after their death, nor do they have the authority to make decisions related to the drafting or changing of the individual’s Will.

When establishing a Continuing Power of Attorney, it’s important to choose an Attorney who is trustworthy, reliable, and capable of making decisions in the best interests of the individual. It’s also important to ensure that the legal requirements are met and that the appropriate forms and documentation are completed and submitted.

At BK Gills Solicitors, we have extensive experience in advising clients on all aspects of Powers of Attorney, including Continuing Powers of Attorney. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that our clients are able to make informed decisions about their future care and well-being.

A Welfare Power of Attorney deals with everything to do with your health and welfare.
Unlike a Continuing Power of Attorney, which covers financial and personal matters, a Welfare Power of Attorney deals specifically with matters related to an individual’s health and welfare. This can include decisions related to medical treatment, care arrangements, and other important decisions related to an individual’s health and well-being.

A Welfare Power of Attorney can be especially important for individuals who may be facing serious health challenges or who may have specific wishes related to their care and treatment. By appointing a trusted individual to act as their Attorney, an individual can ensure that their wishes are respected and that their care is managed in accordance with their wishes.

It’s important to note that when establishing a Welfare Power of Attorney, it’s essential to choose an Attorney who is trustworthy, reliable, and capable of making decisions in the best interests of the individual. It’s also important to ensure that the legal requirements are met and that the appropriate forms and documentation are completed and submitted.

At BK Gill Solicitors, we have extensive experience in advising clients on all aspects of Powers of Attorney, including Welfare Powers of Attorney. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that our clients are able to make informed decisions about their future care and well-being.

A Power of Attorney, whether it is a Continuing Power of Attorney or a Welfare Power of Attorney, is an important legal tool that can ensure that an individual’s wishes are respected and that their care and well-being are managed in accordance with their wishes. Accidents, illnesses, and medical conditions can often leave individuals unable to make decisions for themselves. In these situations, having a trusted individual appointed as an Attorney can make it much easier for decisions to be made in accordance with the individual’s wishes.

Without a Power of Attorney, medical professionals may need to make decisions on behalf of an individual, which may not always align with the individual’s wishes or preferences. By appointing an Attorney, individuals can ensure that their wishes are respected, even if they are unable to communicate them at the time.

At BK Gills Solicitors, we understand the importance of ensuring that our clients’ wishes are respected and that their care and well-being are managed in accordance with their wishes. We offer flexible appointments, including home and hospital visits when necessary, to ensure that our clients have access to the legal support and guidance they need to make informed decisions about their future care and well-being.

If you’re interested in learning more about Powers of Attorney and how they can benefit you or a loved one, please don’t hesitate to get in touch with us. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that you have the information you need to make informed decisions about your future care and well-being.