Mon 18 Feb 2019

A question often asked of Solicitors is how can a person make sure that his or her affairs are protected if that person is no longer able to make decisions as a result of being incapacitated in some respect. In order to safeguard someone's affairs, it is possible for a Power of Attorney or Guardianship Order to be put in place whereby someone else is named to act on behalf of the person who has become incapacitated. Both produce similar results but the difference in the two procedures is sometimes misunderstood. The grant of a Power of Attorney allows someone to choose who should act for them and make decisions on their behalf about financial and welfare matters. The granting of a Power of Attorney is a very personal and deliberate act and the granter chooses who they wish to act for them and the powers they should have. The obtaining of a Guardianship Order involves an application to the Sheriff Court and is a far more complicated procedure because court intervention is required. We are happy to assist you in making decisions as to whether it is appropriate for an Attorney to be appointed or, alternatively where it is appropriate for an application to be made to the Sheriff Court for a Guardianship Order.