What service do I need?

We provide a range of services however your circumstances will determine which of these is most appropriate. The information and case studies below might help you decide which service you need.

Power of attorney

We register powers of attorney (PoA) that begin or continue in the event of incapacity. A PoA is a legal document and is made when you have capacity to do so.

PoA allows you to be proactive and plan ahead. It is as important as a will and allows you to name a person or persons of your choice, your attorneys, to make decisions on your behalf. You can give specific powers to your attorneys in relation to property and financial matters and personal welfare.

Mark and Sharon's story

• Mark has granted PoA and appointed his wife Sharon as his attorney. In doing so Sharon has been granted legal authority to make decisions on behalf of Mark. He works abroad often and Sharon was able to use the PoA to deal with his mobile phone company to sort out an incorrect bill. Without the PoA Sharon would not have had the legal authority to have acted on Mark’s behalf, even though they are married.

Graeme's story

• Graeme has recently been diagnosed with Alzheimer’s disease. Although it is in the early stages, he is still capable and able to grant a PoA. He has appointed his son and daughter to be his attorneys. This is in anticipation of a time where he will need help to make decisions when his illness has progressed, e.g. where Graeme should live and the type of activities that he should be involved in.

Access to funds

We grant authority to access the funds of an incapable adult. You can apply to us if you are looking to access the adult’s funds to pay for their day to day living expenses e.g. gas, electricity, bills, clothing, toiletries, food, care costs etc.

Maggie's story

• Maggie lives in a nursing home and no longer has capacity to make arrangements to pay her care costs. She also needs access to her funds to pay for days out, get her hair done, toiletries and cigarettes. Her niece, Celia visits Maggie on a regular basis and is aware of her needs and circumstances. Celia applied to us and was granted legal authority to access Maggie’s funds so that her expenses could be paid. Celia has set up a direct debit to ensure Maggie’s nursing home fees are paid each month. She has access to an agreed amount of funds to ensure Maggie can take part in activities and has the personal comforts she needs.

Ben's story

• Ben is 25, has a moderate learning disability and is about to move into his own tenancy. Up until now he has lived with his parents. Ben has a bank account in his own name with savings in it of £15,000. Ben’s parents need access to this account so they can buy items of furniture and pay his rent and council tax. Ben needs help to make sure his bills are paid and to decide how his money is spent for his benefit. His parents applied to us for the authority to 1) access a lump sum payment to buy a sofa, bed, cooker and living room carpet and 2) to access a regular amount each month to meet his bills.

Intervention order

This is an order made by the Sheriff appointing an individual to make a particular decision or take a one-off action on behalf of someone who is not able to do that for themselves. You can make an application for financial and / or property powers and / or for welfare powers. This order comes to an end once the action or decision has been taken.

George and Harriet's story

• George and Harriet are married to each other and they jointly own their four bed roomed family home. The house is too big and expensive to run and they would both like to move to something smaller on one level. While Harriet is able to decide where she should live, she is no longer capable of instructing a solicitor and signing legal documents. As there is no PoA in place George has applied to the sheriff court for an intervention order to allow him to do this on Harriet’s behalf.

Saeed's story

• Saeed has lived in his flat for 5 years. He was in an accident recently resulting in a brain injury. He has completed a rehabilitation programme and is now ready to be discharged from hospital and return home. However, the flat he was living in is no longer suitable and an adapted property has been identified for him. Power is needed by his family to terminate his tenancy agreement, change the contracts he had set up with utility companies and to sign a tenancy agreement for his new home. As Saeed is not capable at the moment of making these decisions for himself his family has made an application to the sheriff court to ask for legal authority to act on his behalf.

Guardianship order

This is an order made by the Sheriff appointing an individual to make decisions and act for an incapable person on an on-going basis. This is usually for a period of 3 years or more. You can make an application for wide ranging powers over an adult’s affairs.

Monika's story

• Monika is 16 years of age and needs someone to help make decisions about her finances and healthcare. Monika has been awarded a large compensation payment because of an injury sustained at birth. The award will be used to pay for her on-going specialised care costs and for adapting the family home to allow Monika to continue to live there. Monika’s parents have applied to the sheriff court for authority to make decisions over the next 3 years, about accessing and investing her finances and making healthcare and welfare decisions.

Victor's story

• Victor has been a resident in a nursing home for 6 months. He has dementia and needs 24 hour nursing care which was unable to be provided in his previous home setting. As there was no PoA in place his son Robert had to apply to the sheriff court for a guardianship order. This allowed Robert to make decisions about his dad's care and finances.