Making a Power of Attorney
A Power of Attorney allows you to appoint someone you trust to make decisions for you if you’re no longer able to do so yourself. At Pomphreys Solicitors in Wishaw, we assist clients across Lanarkshire in setting up Power of Attorney documents that protect their well-being, finances, and peace of mind – now and in the future.
What is a Power of Attorney?
A Power of Attorney is a legal document that gives another person the authority to act on your behalf. It’s not just for older people. It’s for anyone who wants to plan ahead in case they become unable to manage their affairs due to illness, accident, or age-related conditions.
There are three main types in Scotland:
- General Power of Attorney – usually granted for convenience or necessity for those outwith the country.
- Continuing Power of Attorney – covers financial and property matters, and can take effect immediately or only if capacity is lost.
- Welfare Power of Attorney – covers decisions about your health, care, and daily living, and only takes effect if you become incapable.
Most people choose to combine the Continuing and Welfare Power of Attorney into a single document. You can appoint more than one attorney and decide how and when they should act.
Why You Should Set Up a Power of Attorney Now?
Many people assume that family members can automatically step in if they’re no longer able to make decisions. Unfortunately, that’s not the case. Without a valid Power of Attorney in place, your loved ones may need to go through a costly and time-consuming Guardianship process via the courts.
Having a Power of Attorney means:
- You stay in control of who acts for you
- You avoid legal delays at a critical time
- Your attorney can manage your finances and make decisions about your care without stress
- You reduce the burden on your family during illness or incapacity
It’s a vital part of planning ahead, just like writing a Will.
What’s Involved in Setting One Up?
We’ll guide you through the entire process with care and clarity. Here’s what to expect:
- A friendly, confidential consultation to understand your wishes
- Advice on who to appoint and what powers they’ll have
- Drafting your Continuing and Welfare Power of Attorney to meet legal standards
- Arranging for you to sign in front of a solicitor (or doctor)
- Registering the Power of Attorney with the Office of the Public Guardian
- Providing certified copies for use with banks, care providers, etc.
We’ll ensure the document accurately reflects your values, priorities, and future plans, and that it’s valid, enforceable, and easily accessible for your attorney(s) when needed.
Why Choose Pomphreys Solicitors?
We’ve been supporting individuals and families in Wishaw and across Lanarkshire for generations. When it comes to Power of Attorney, clients choose us because:
- ✅ We take time to explain your options in plain English
- ✅ We know the importance of getting it right the first time
- ✅ We work efficiently, with clear costs from the outset
- ✅ We handle sensitive situations with care and respect
We also advise people acting as attorneys on how to use their powers responsibly and legally.
Plan Ahead – Appoint Someone You Trust
A Power of Attorney gives you control over your future, no matter what lies ahead. Let Pomphreys Solicitors help you put the right legal protections in place. Contact us today to speak to a friendly, local solicitor about setting up a Power of Attorney.
You may also be interested in:
- Guardianships – if someone has lost capacity and no Power of Attorney is in place
- Making a Will – plan your future and provide for loved ones
- Estate Planning – for tax planning and protecting assets
❓ Common Questions about making a Power of Attorney
Can I appoint more than one attorney?
Yes. You can appoint multiple attorneys and specify whether they should act together or independently.
When does the Power of Attorney come into effect?
General Powers of Attorney usually commence immediately. Continuing powers can start immediately or only if you lose capacity. Welfare powers only begin if you are no longer able to make decisions.
Can I cancel it later?
Yes. You can revoke a Power of Attorney at any time as long as you still have mental capacity.
