Powers of Attorney
Why do I need a Power of Attorney?
A Power of Attorney gives written authority to people you trust to look after your affairs if you become unable to do so yourself.
It’s not something most people like to think about – but it’s one of the most important legal safeguards you can put in place.
At Neilsons, we provide professional Power of Attorney services across Scotland, helping individuals and families plan ahead with confidence.
A properly drafted Scottish Power of Attorney gives peace of mind, clarity, and protection – ensuring your wishes are respected if illness, accident or incapacity ever prevents you from managing your own affairs.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows you (the granter) to appoint one or more people (your attorneys) to act on your behalf.
In Scotland, there are two main types:
- Continuing Power of Attorney – Covers financial and property matters, such as managing bank accounts, paying bills, dealing with investments or selling property.
- Welfare Power of Attorney – Covers personal welfare decisions, including care arrangements, medical treatment and interventions.
Most people combine the Powers in a single Power of Attorney document.
Once registered, your Power of Attorney can be used immediately (if you wish) or only if you later become incapacitated.
Why a Power of Attorney matters
Many people assume their family could simply step in if something happened to them. Unfortunately, that’s not the case.
Without a Power of Attorney:
- Banks and financial institutions will freeze access to accounts – this could cause financial hardship
- Your family cannot make decisions on your behalf
- Your loved ones may need to apply to court for a Guardianship or Intervention Order
Court applications can take many months and often cost thousands of pounds – at a time when your family is already under stress.
A Power of Attorney avoids this entirely.
How Neilsons can help
We make the process straightforward and supportive.
Our team will:
- Explain your options clearly in plain English
- Help you choose appropriate attorneys
- Draft your Continuing and Welfare Powers of Attorney
- Arrange signing and certification
- Register the documents with the Office of the Public Guardian
- Store copies safely
Book your free Power of Attorney consultation
If you’re looking for trusted Power of Attorney Solicitors in Edinburgh and the Lothians, we’re here to help.
A short conversation now can prevent serious difficulties later.
Contact us to arrange your free, no-obligation initial appointment and put the right protections in place today. Your initial consultation can take place in person, by telephone, or – if required – at your home or in hospital for an appropriate additional charge.
Power of Attorney frequently asked questions
No. While some conditions are associated with ageing, incapacity can happen at any stage of life – through accident, stroke or sudden illness. A Power of Attorney is for adults of any age who want to protect themselves and those around them. Once capacity is lost, it is too late to put one in place.
You can appoint:
- A spouse or partner
- Family members
- Trusted friends
- Professional advisors
You may appoint more than one attorney and specify how they act (jointly or independently). We’ll help you structure this carefully to avoid future difficulties.
Now. There’s no advantage in waiting, and significant risk in doing so. Many clients arrange a Power of Attorney alongside their Will as part of sensible future planning.
A Power of Attorney is not valid until it has been registered. Should you have an urgent medical reason while waiting for registration to take place, this process can be expedited, and the Power of Attorney granted within two weeks.
Yes – it’s the only way to ensure someone you trust can manage your affairs if you lose capacity. Without one, court intervention is required.
Your family would need to apply for a Guardianship or Intervention Order through the court. This process is slow, expensive and stressful.
Yes, as long as you still have mental capacity. You can revoke or replace it at any time.
When capacity is lost and you are no longer able to make decisions on your own behalf.
It is prepared, registered and kept safely only until it is required. You are not giving up control of your assets just by preparing a Power of Attorney. It is an insurance against what may happen in the future.
