Power of Attorney

There are times when you need someone else to look after your financial affairs. This can be completed by giving the person you implicitly trust  – an Ordinarily Power of Attorney; it’s called a General Power of Attorney, in Scotland.

The document is often used in conjunction with banks, building societies, stocks and shares and for the sale or purchase of property or land.

You might wish to offer this power because:

• You are going to be abroad for a long period of time
• You’ve been in an accident which has led to a physical injury
• You have a physical illness which prevents you from carrying out some of your essential financial affairs

The person or people that you nominate to manage your Ordinary Power of Attorney will be able to manage your finances as though they were you. You can revoke this power of attorney whenever you like. It will be revoked for you if you’ve been diagnosed with a health problem which can lead to mental incapacity. If you need a Power of Attorney to operate after you become incapable of making your own decisions, you will have needed to have completed a Lasting Power of Attorney.

What is a power of attorney and what can it do for you?

When you can’t deal with your own affairs, you are providing someone else with the authority to act on your behalf. You (the donor) provide the other person (the attorney) with the authority.

An Ordinary Power of Attorney can last for a specific period of time (while you are away, or it can continue indefinitely and while you hold the mental capacity to understand what the person is doing for you.

While you fully understand what is happening, the legal document does not need registering with the Office of the Public Guardian or the Court of Protection.

Although an Ordinary Power of Attorney cannot be used after you become incapacitated, the document is much easier to arrange and use when you compare it to a Lasting Power of Attorney.

It’s easy to complete an Ordinary Power of Attorney, but you must be over 18, have the mental capacity to be able to grant the powers and you can’t be an undischarged or interim bankrupt.

Contact us when you want to arrange an Ordinary Power of Attorney after checking our most recent charges for arranging this document for you.

To be clear; you must only consider giving this power to someone you completely trust, because you will remain responsible for all of their actions. The document will need to be signed in front of a witness, who is not related to you, will not act as your attorney and will not benefit from your directions.