Power of Attorneys (Incapacity)
A Power of Attorney will allow you to specify who you would like to look after your affairs should you become incapable due to mental illness or injury. A Power of Attorney must be put in place whilst you are still mentally fit and able to do so. A Power of Attorney allows a person(s) of your choice to deal with your financial matters or welfare matters and, indeed, a combination of both if you wish and can only come into force once you are confirmed by a doctor as being incapable to manage your own affairs. Once in place you will avoid an application having to be made for a Guardianship Appointment to the Court should this be necessary, had you not had a Power of Attorney in place. Having to apply for Guardianship can potentially increase legal expenses and take some time. All this can be avoided by making a Power of Attorney which we can undertake for you in a short space of time at a reasonable cost.
A Power of Attorney will require meeting and consultation with the solicitor, the drafting of the Power of Attorney document, its completion and execution (i.e. signing and witnessing) – it must also be certified by the solicitor, and then registered with the Office of the Public Guardian Scotland (OPG) to take effect.
Our fee for a single Power of Attorney may be £350 (plus VAT charged at the rate of 20%). There may be an additional fee if a home or hospital visit is required. The outlay is currently £81, charged by and paid to the OPG. Occasional the solicitor may require to involve your GP to confirm that you have capacity to enter into a Power of Attorney. The GP may charge a fee for this service and we will discuss this with you once the fee is known to us and before it is incurred.
Our firm does not currently offer legal aid for this type of matter.