Power of Attorney & Guardianship

Expert Assistance

We have a wealth of experience dealing with both Power of Attorney and Guardianship Applications at MSM. We are a member of Solicitors for Older People Scotland and work with a number of local organisations including Renfrewshire Carers.

Power of Attorney

It can be a daunting prospect to consider physical and mental difficulties that may arise in the future. However, it is important to consider the steps that can be taken to protect your welfare and financial affairs should your health deteriorate in the future.

If you have a relative or a friend that you can trust, then you may wish to consider granting a Power of Attorney in their favour. A Power of Attorney would enable that individual to act on your behalf if you were unable to deal with matters for yourself. The Power of Attorney would stipulate the powers that you wanted that person to have to allow them to deal with your welfare and/or financial affairs.

We can assist you in preparing an appropriate Power of Attorney, tailored to suit your individual requirements.

Guardianship

Where an adult has lost their mental capacity and has not granted a Power of Attorney, family members will encounter difficulties in dealing with their financial affairs, arranging a care home or giving consent to medical treatment. In these circumstances, an application has to be made to the Sheriff Court for a Guardianship Order or Intervention Order.

We are one of a limited number of firms who deal with these applications under the Adults with Incapacity legislation and have developed a strong expertise in these matters.

We know that applying for a Guardianship Order or Intervention Order is a stressful and complicated process and we use our wealth of experience and personal approach to ensure that you are supported throughout.

It is important to note that Civil Legal Aid is available for all Guardianship and Intervention Order applications which involve the welfare of the Adult.