Power of attorney in Scotland

83dons

What is the easiest and cheapest way of my gran setting up me and my mother with power of attorney for full decisions regarding house sales finance welfare etc? She does not like form filling and would prefer not to have to visit a law firm. Can a lawyer just come and visit her explain the paperwork and witness signature?

Gers

83dons wrote: »

What is the easiest and cheapest way of my gran setting up me and my mother with power of attorney for full decisions regarding house sales finance welfare etc? She does not like form filling and would prefer not to have to visit a law firm. Can a lawyer just come and visit her explain the paperwork and witness signature?

http://www.publicguardian-scotland.gov.uk/power-of-attorney - you can download the relevant forms here. EDIT = seems the forms are no longer available online, sorry. When my mum did hers the forms where there!

There is a form to be filled in (it's important) which then constitutes the power of attorney when completed and signed. You'll need the form to show / give to various financial and medical organisations, you can't get past form filling.

Lawyers can do home visits, I'd imagine it would cost more but it's probably worth it if your mum doesn't want to go to the office.

You'll need to consider two forms of POA - financial and welfare. Financial one comes into force immediately whilst the welfare one only when the donor becomes medically incompetent.

My mum did it years ago and I now use her financial POA whenever she wants me to (basically talking to business on the phone as she's very deaf and unable to use the phone properly).

Good luck with it.

Be_Happy

Phone around lawyers and get a quote for them preparing the POA. It's 7 years since I had to take out one for my sister, so don't have the cost info handy. I do remember that it was nothing like the high costs I've read about for having POA drawn up in England.

Should have mentioned - make sure that quote includes all charges, not just the lawyer's own bill.

Mojisola

Gers wrote: »

You'll need to consider two forms of POA - financial and welfare. Financial one comes into force immediately whilst the welfare one only when the donor becomes medically incompetent.

Scotland has three types -
http://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/types-of-power-of-attorney

scottiescott

It cost £500 for me to be granted POA over my mum's affairs.
Solicitor came to the house.
In Scotland.

xylophone

Your grandmother has capacity?

If not, see https://www.unbiased.co.uk/news/managing-their-affairs-have-a-care/3864

83dons

Would be combined power of attorney. My gran has full capacity but would prefer a lawyer to visit her house to explain and witness the signing. Any forms can be filled in advance can the Scottish one be downloaded somewhere? So basically contact a few solicitors get quotes there is no set fee?

xylophone

Have you read

http://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/types-of-power-of-attorney

http://www.publicguardian-scotland.gov.uk/docs/librariesprovider3/poa/pdf-documents/a-guide-to-making-a-power-of-attorney.pdf?sfvrsn=4


http://www.publicguardian-scotland.gov.uk/docs/librariesprovider3/poa/pdf-documents/power-of-attorney-registration-form.pdf?sfvrsn=

http://www.solicitorsforolderpeoplescotland.co.uk/ might be of interest.

rs65

Saw this advertised on the subway the other day

http://www.mypowerofattorney.org.uk/how_much_does_it_cost/

Gers

Mojisola wrote: »

Scotland has three types -
http://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/types-of-power-of-attorney

Yeh, yeh, ever picky eh? My stalker is back...

You'll need to consider two forms of POA - financial and welfare. Financial one comes into force immediately whilst the welfare one only when the donor becomes medically incompetent.

The third is a combined one of the other two.

<sigh>

Be_Happy

Be_Happy wrote: »

Phone around lawyers and get a quote for them preparing the POA. It's 7 years since I had to take out one for my sister, so don't have the cost info handy. I do remember that it was nothing like the high costs I've read about for having POA drawn up in England.

Should have mentioned - make sure that quote includes all charges, not just the lawyer's own bill.

Found the old cheque stub from 7 years ago. Don't have itemised details, but total was £260 for lawyer to draw up POA (financial and welfare), at his office, and have it registered.