Legal Authority

A Power of Attorney is an important document that gives somebody else the legal authority to make decisions on your behalf. It can cover a range of issues including dealing with your property and your personal welfare and health. It is possible to have a Power of Attorney that can only be operated when you are no longer capable, or it can be prepared to work right away.

Protection for You

Everyone should consider having a Power of Attorney drawn up to ensure that someone they trust is prepared to deal with matters if needed. In circumstances where an individual is no longer capable, but does not have a Power of Attorney, family members will often require to make an application to court for a guardianship order or intervention order which is time consuming and can be costly.

All of our solicitors have considerable experience in preparing Powers of Attorney for clients. Your named solicitor will fully discuss the options available to you and advise you about the implications of having a Power of Attorney in place.

Protecting The Interests Of A Loved One

In Scotland, if a person becomes mentally incapacitated during their lifetime, and unable to manage their own welfare or financial affairs, not even a spouse or next of kin automatically have the broad spectrum of legal rights required to adequately attend to matters on their behalf. Where no Power of Attorney has been put in place, a Guardianship Order may be available. These orders are granted by the Sheriff Court and provide the appropriate people (often family and close friends) with the legal powers they need to protect the interests of the incapable adult.

Range of Powers to suit your needs

Guardianship should only be considered where there are decisions to be made on an ongoing basis, either from a financial or welfare perspective, or both. It may be that your particular circumstances do not require the extensive powers granted under a full Guardianship Order, and a lesser intervention would be more appropriate. Our solicitors will carefully consider the difficulties that have arisen for you, and provide you with clear advice as to which range of powers are best suited to deal effectively with your particular needs and those of the adult in the least restrictive manner possible.

How We Will Help

Stodarts will liaise closely with outside agencies such as doctors and Mental Health Officers within the Social Work Department in order to get the professional reports necessary to support your application to the Court. Appointment as Guardian is a big commitment and should not be taken on lightly. Our solicitors will be happy to provide you with advice on what is expected of you in your role as guardian, allowing you to make an informed decision that is not only right for your loved one, but also right for you.

One off Intervention

If you only need the legal powers necessary to deal with one aspect of your loved one’s affairs, then an Intervention Order may be more appropriate for you than a Guardianship Order. For example, if you only require to sell a house, or realise a particular investment, then an Intervention Order would provide you with the legal right to carry out that one task, but nothing further.

Step by Step Assistance

Our solicitors are on hand to advise you whether this lesser intervention will adequately meet your needs, and those of the incapable adult, removing the need for you to apply for the more onerous full Guardianship Order. Your application will require the support of third party professionals such as the doctors and Mental Health Officers involved in the adult’s care. We will arrange all of this for you and guide you through the entire process to ensure a positive outcome in the smoothest way possible

Quick and Easy

An Access to Funds order can be used to achieve just as the title suggests, access to funds which would otherwise be inaccessible to you. For example, the adult may hold funds in a savings account which are required to meet a care home invoice. This order would allow you to do so without the requirement for either of the more onerous orders. Access to Funds applications are made directly to the Office of the Public Guardian in Scotland, and not the Sheriff Court. The process is therefore much quicker, and much simpler. Our Solicitors will advise you whether this order would be sufficient to meet your needs and that of the adult, and provide you with full advice on the process of obtaining the order.