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What is a power of attorney?
A power of attorney is a written document giving someone else authority to take actions or make decisions on your behalf. This could be to deal with your financial and / or welfare affairs. It could be used in the future if you become incapable. This document can be used by the person appointed for a variety of things including operating your bank accounts, investments, dealing with your bills and tax affairs. It can also be used to determine where you should stay and what accommodation best meets your needs should you become incapable.

Your capacity could be impaired gradually or suddenly as a result of an accident or illness. Powers of attorney can insure against incapacity due to dementia together with unforeseen events such as stroke or road traffic accident. A registered and licensed medical doctor will be able to say whether you are incapable or not.

The Power of attorney details the names of the people, known as attorneys, who you want to help you, and lists the individual powers that you want them to have. For this reason it is important that the person you appoint is someone you know well and trust.

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What would happen if I don’t have a Power of Attorney?
No one has an automatic right to take actions on your behalf without legal authority. If you are unable to make decisions about your affairs, your family or friends may have to go to court to get the authority to act on your behalf, which can be both time consuming and costly.

Who can I appoint as my attorney?
You can appoint anyone you want, over the age of 16. It’s usually a good idea to have more than one attorney or maybe what is called a substitute attorney to step in if your attorney can no longer do things for you.

You can appoint someone to deal with your financial matters and someone different to deal with your personal welfare.

It is good practice to discuss with the person you want to be your attorney what being an attorney actually involves. It will be helpful if you keep a note of the matters discussed and give your prospective attorney a copy too. Although, it’s your choice who to appoint, you cannot appoint someone who is currently declared as bankrupt to deal with your financial and property affairs.

Can I cancel the Power of Attorney once it is registered?
You can cancel your power of attorney or any of the powers granted in it. This can be done at any time even when it has been registered with the Public Guardians’ Offices.

How much does it cost?
We can prepare a suitable Power of Attorney on your behalf and have a certificate of capacity signed by a solicitor for a fixed fee of £300 plus VAT*

Can home visits arranged?

Yes we can arrange a solicitor to visit your home in order to complete the Power of Attorney document for an additional fee of £50 plus VAT at a time and day that suits you within the Glasgow City Council area. For areas out with the Glasgow City Council boundaries please contact us and we will be pleased to provide a quote.

Why Neil Kilcoyne & Co Solicitors?
We are an established firm of solicitors and the principal of the firm has almost two decades of private client experience. We are a firm of Solicitors in Scotland regulated by the Law Society of Scotland and hold indemnity insurance covering any client losses capped at £2 million pounds.

*It may be necessary to obtain a medical certificate from your GP confirming their opinion as to your capacity which can incur additional outlay. Our service includes the cost of writing to you GP and preparing the necessary mandate but not the fee payable to the GP for the report.

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