Power Of Attorney Solicitors, Glasgow

Getting a Power of Attorney ensures someone you trust can make decisions on your behalf if you cannot make your own decisions. The process is straightforward but must follow legal requirements to be valid.

1. Choose the Type of Power of Attorney

Decide whether you need:

• Property & Financial Affairs LPA / Enduring Power – for managing finances, property, and investments.

• Health & Welfare LPA / Welfare Lasting Power – for decisions about medical care and day-to-day wellbeing.

• Ordinary Power – for short-term or specific tasks while you still have capacity.

You can appoint more than one attorney to act jointly or separately.

2. Select Your Attorney(s)

Choose trusted individuals over 18 who can act in your best interests.

3. Complete the Forms

Fill in the official forms from the Office of the Public Guardian (OPG), including your details, attorney details, and any instructions or preferences. A certificate provider must confirm you understand the document and are acting voluntarily.

4. Register with the Public Guardian

LPAs and enduring powers must be registered with the OPG before they can be used. Registration usually takes a few weeks, after which your attorney(s) can act legally on your behalf.

All of our Power of Attorney services include guidance on registration and the £96 OPG registration fee.

5. Keep Copies and Review

Store the original safely and provide copies to your attorneys and relevant organisations. You can update or revoke your Power of Attorney at any time while you have capacity.

Setting up a Power of Attorney correctly gives you peace of mind, ensures your affairs are managed properly, and guarantees that your attorney power is exercised in your best interests.

Choosing the right person to act as your attorney is one of the most important decisions when putting a Power of Attorney in place. Your attorney will have the legal power to make decisions on your behalf, so it’s essential to appoint someone you trust to act in your best interests.

Eligibility

• Must be over 18 years old.

• Must be capable of managing the responsibilities of the role.

• Cannot be someone who has been disqualified from acting as an attorney, such as certain bankrupt individuals (for financial powers).

Options for Appointment

• You can appoint more than one attorney, either to act jointly (all must agree on decisions) or severally (each can act independently).

• You can include replacement attorneys to step in if your first choice is unable to act.

• Your attorney can be a family member, friend, or a professional such as a solicitor or accountant.

Considerations

• Attorneys for a welfare lasting power will make decisions about your medical care and day-to-day wellbeing, so choose someone who understands your wishes and values.

• For a financial affairs lasting power or enduring power, appoint someone reliable with experience in financial management.

• Ensure your attorney is willing and able to act responsibly and in your best interests.

By carefully selecting your attorney(s), you can have confidence that your affairs will be handled appropriately if you ever lack mental capacity.

It is advised when setting up a Power of Attorney that you get the proper advice and guidance from a solicitor to ensure its correctly set up. This will avoid any problems later down the line.