SOLICITORS       ESTATE AGENTS       NOTARIES
WOOD & MUIR
2 CHURCH STREET, EYEMOUTH,
BERWICKSHIRE,. TD14 5DH
TEL : 018907 50218
FAX : 018907 51283
EMAIL :
info@woodandmuir.com
All rights reserved, © 2008
A Power of Attorney appoints someone to act on your behalf. There are different types of Power of Attorney,
and your circumstances dictate which would be the best for you. For example, if you’re going abroad during a
house sale, you might wish to appoint an attorney to deal with the paperwork in your absence. An attorney
might also be appointed to take decisions relating to your welfare or finances if you were unable to make such
decisions yourself through mental health problems.


A Welfare Power of Attorney allows the appointed person to take decisions regarding you’re your personal
welfare, such as arranging care for you or taking decisions as to your medical treatment. A Financial Power of
Attorney allows the appointed person to deal with day to day matters such as paying bills. Combined and
Continuing Powers of Attorney give the appointed person welfare and financial powers.
It is entirely your own decision as to who you appoint to be your Attorney, but it is important that you trust that
person. You might wish to appoint a family member or a friend. Attorneys have the power to make binding decisions
on your behalf, even if they decide to do something you might not have done yourself.

Even once granted, a Power of Attorney need not become active immediately, rather it can only become active once a
doctor has certified that you can no longer manage your own affairs. It can be much more costly and time-consuming
to have a Power of Attorney put into place after you can no longer manage your own affairs.

If someone is unable to deal with their own affairs due to physical or mental incapacity, an application can be made to
the Sheriff Court to have a Guardian appointed. A Guardian can be given lasting authority to deal with financial and
welfare decisions, or can be authorised to take a decision on a one-off matter.

Attorneys and Guardians must act in accordance with their duties and they are regulated by the Office of the Public
Guardian.