Alexr. McAllister & McKechnie is a firm of Solicitors & Estate Agents based in Paisley.

Power of Attorney

As a firm we recommend for every adult that they think of drawing up a Power of Attorney to allow someone to carry out their affairs on their behalf.

Power of Attorney

It gives great flexibility to have someone with the power to carry out your affairs. For example an older parent may appoint one of their children. This would allow them to carry out banking or sign legal documents.

As well as the above we recommend that you appoint a Welfare attorney as well and we call this type of document that you grant a "Continuing & Welfare Power of Attorney". This means that should you lose capacity either through ill health or for example a condition such as dementia your attorney will be able to deal with your affairs and the Law of Scotland recognises this under the Adults with Incapacity (Scotland) Act 2000.

If at some stage you are in independent living eg a care home or a hospital then your Welfare Attorney would have to be consulted regarding your care and how you were being treated.

Once the Power of Attorney is granted it is registered with the Office of the Public Guardian in Scotland under the terms of the Adults with Incapacity (Scotland) Act 2000. When the Power of Attorney is registered a certificate of registration is issued to ourselves and we issue you a copy keeping the original in our deeds safes free of charge. If required you can borrow it out from oursleves but most banks and building societies will accept the copy document.

If you don’t have a Continuing & Welfare Power of Attorney your family would have to go to the great cost and distress of obtaining a Guardianship Order or Intervention Order from the Court. Taking the above steps can give you and your family peace of mind that you have everything you would need legally to allow your affairs to be taken care of if you lost capacity.

You can call us on 0141 887 8961 or email us on Douglasc@ammlaw.co.uk or property@ammlaw.co.uk to discuss all aspects of Power of Attorney matters.