• Greyfriars Solicitors

Is it time you considered making a Power of Attorney?

  • Do you have concerns about your mental capacity?

  • Do you have mobility issues?

  • Are you unable to make decisions for yourself?

  • Do you trust a relative or friend to make decisions on your behalf?

  • Are you struggling with day-to-day activities?

  • Do you have early signs of a long term illness, such as Alzheimer's

If any one of these are applicable to you, or any person you know, we strongly advise making a Power of Attorney.

What is a Power of Attorney?

A Power of Attorney is a legal document which allows you to appoint a person(s) you trust, otherwise known as an “attorney”, to help create decisions or make decisions on your behalf. The attorney will be given control over what happens if an accident or an illness were to occur when you are at your most vulnerable, and are unable to make decisions for yourself.

Types of Power of Attorney

Health and welfare

Giving power to make decisions on daily routines, medical care, and life sustaining treatment

Property and financial affairs

Giving power to make decisions in relation to finances and property, such as dealing with banks and building societies, paying bills, collecting benefits and pensions, and selling property.

Depending on your individual circumstances you can make either, or both.

Creating a Power of Attorney and legalising the document

  • Can be done online or using paper forms;

  • Need the consent of the attorneys;

  • Witnesses and a certificate provider need to sign the documents. A certificate provider is someone who confirms that donors understand the process. This person is usually is a solicitor;

  • Lodge the finalise the document with the Office of the Public Guardian.

The process may sound simple, but there are crucial procedures which need to be complied with. This is why it is important to take legal advice before trying to create a Power of Attorney on your own.

When making a Power of Attorney you should consider creating a will, to ensure your intention is completely protected in life and in death.

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