A Power of Attorney is a document registered with the Office of Public Guardian giving authority by one individual (known as the Granter) to another person or persons (known as the Attorney/s). This document provides the power to their Attorney to deal with aspects of the Granter’s affairs and could relate to financial/property matters and/ or personal welfare. A Power of Attorney can only be prepared when the Granter still has ‘capacity’.
Mackinlay and Suttie work in terms of the guidelines provided by the Office of Public Guardian to ensure that any documentation prepared, signed and registered complies with their current requirements.
In the event that an individual, whether due to a medical condition or other circumstance, has lost capacity, Mackinlay & Suttie can apply to the Sheriff Court for a Guardianship Order/Intervention Order. A Guardianship order is a court appointment which authorises a person to take action or make decisions on behalf of an adult with incapacity. A guardianship order can be in relation to property and financial matters, personal welfare, or a combination of these.
An intervention order can cover more than one aspect of the adult’s property, financial affairs and/or personal welfare. There is no fixed period for the appointment as it will last until the intervener has concluded the matters authorised by the court. An intervention order would normally be suitable when dealing with issues where the outcome can be predicted.