McKay Norwell

Robert Forman discusses the uses of Powers of Attorney, written documents giving someone else authority to take actions or make decisions on your behalf.

Nobody likes to think that at some stage of their lives they might not be able to look after themselves, but accidents or illness can happen to anyone.  One way of dealing with the situation is to appoint someone as your attorney.  If your capacity later becomes impaired, the Attorney can take steps to deal with matters on your behalf.

A Power of Attorney can be signed by you and kept until such time as it may be required.  In the vast majority of cases it will never require to be brought into force, but it is prudent and sensible to sign one to provide for unforeseen events. If you do not sign one yourself and later become incapable, your family or friends may have to petition the court to obtain authority to act on your behalf, which can be an expensive and time consuming exercise. 

The Power of Attorney can contain as many or as few powers as you want to grant, depending upon your wishes, and need not be confined to looking after money and property issues.  It can also provide for your Attorney to decide personal welfare issues for you. 

Powers of Attorney have to be completed in accordance with certain legal formalities in order to be valid, and our Private Client Department can prepare all the necessary documents in accordance with your instructions.  We often recommend that Powers of Attorney are signed at the same time as Wills are prepared.  Prior to signing, a Certificate has to be signed by a lawyer or doctor certifying that you are capable of understanding what you are doing.  The person appointed as your Attorney can be a family member, a friend, a solicitor, an accountant, or a combination of all of these.  If you leave your Power of Attorney with us for safe keeping, we will store it free of charge. 

A Power of Attorney cannot be enforced until it is registered with the Office of the Public Guardian.  If it ever has to come into effect, we can make all the necessary arrangements.

For further information please contact Robert Forman on 0131 222 8111 or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it