Power of Attorney

At BK Gill Solicitors, we specialise in providing legal advice and support to clients who are seeking to establish Powers of Attorney under the Adults with Incapacity (Scotland) Act 2000.

By granting Power of Attorney, you give a loved one the legal power to act on your behalf. However, once you have appointed a Power of Attorney, they can only act with your permission (for example, if you are unwell and want them to access your bank accounts to pay your mortgage or bills), or if you are unable to act for yourself and a court or GP has declared that you are unable to make decisions. It’s important to note that you must be of sound mind and fit to appoint a Power of Attorney, so it’s essential to understand the implications.

When you appoint a Power of Attorney, you aren’t giving away control to someone else. Instead, you are taking control by ensuring that whoever you select is your choice, and that you won’t end up having strangers or someone you wouldn’t want making decisions for you.

Phil Murwill
Phil Murwill
2022-05-02
This was our first time using BK Gill Solicitors and we would happily recommend their services, and use them again in the future. Thanks to the team involved for ensuring the process was as smooth as possible!
Scott Oakley
Scott Oakley
2022-04-12
An affordable, quick, friendly and reliable service. The team were very helpful and everything was handled swiftly. I'd definitely go back to them again when buying or selling a home. It was seamless from start to finish.
Gary Francolini
Gary Francolini
2022-04-11
The team at BK Gill were incredible from start to finish. As first time buyers we were completely lost and unsure about the process of buying our first home. BK Gill were extremely responsive and made the whole process stress free and simple. Thank you to everyone at BK Gill for helping us buy our dream home.
Antje Karl
Antje Karl
2022-02-24
We've just completed our first property sale and after a very long and stressful mortgage process, Mrs Gill just took over and with the help of her team completed the process swiftly and with absolute minimum hassle. All communications were quick, clear and friendly. Would definitely recommend and will be using them myself again in future.
Emma Jones
Emma Jones
2022-02-01
Got reccomended by a friend and was not disappointed. Efficient and helpful from day one - as a first time buyer had loads of questions and firm was so helpful and nothing was ever too much hassle. Great reccomendation of using their mortgage broker too. William was friendly, patient and certainly went the extra mile. Couldn't reccomend BK Gill highly enough and will be sure to re-use services when needed in the future. Brilliant service and made the process so much easier. Thanks again.
Gabija Lazaraviciute
Gabija Lazaraviciute
2022-01-26
Our third time in property purchase/sale transactions with BK Gill solicitors. Every single staff member has always been extremely polite and helpful. Prompt responses both via e-mail and phone (even out of hours from Mrs Gill when needed). Feel valued and appreciated as a customer and there is definitely a personal/family-type approach within this group. Mani has also helped us so much with different recommendations for other services when required. Overall, could not recommend more and we will definitely continue using their services in the future if and when required.
Mr and Mrs Iqbal
Mr and Mrs Iqbal
2022-01-26
I recommend highly, I’ve got a language barrier and throughout the process found it difficult until we found BK Gill solicitors they helped us so much and made it so simple for us we loved their service. They have been extremely kind, helpful and professional throughout the whole process, we would have questions and they would answer them in such and amazing and timely manner. They were also always available, I’m so thankful to them for helping us out, they have the best service and are humble people. I would personally and HIGHLY!!! Recommend them to anyone and you should definitely go with them as your solicitors.
Asbestos Flake
Asbestos Flake
2021-12-15
All the team were great. They truly work well together and have their clients best interests at heart. It was effortless and stress free for me. All advice given really benefited me and the sale was completed on quickly. I never had to chase anything up. They were always a step ahead. I’ve used another well known solicitors (around 20 times) over the last 12 years in Glasgow and although they did an OK job, the last couple of sales had issues due to things they missed. I decided to try BK Gill solicitors based on a recommendation. I’m so glad I did as they showed me how a solicitors should be and how much better the service was compared to the previous company. Highly recommended!

In Scotland, there are two types of Power of Attorney.  

Continuing Power of Attorney covers everything you deal with yourself except for Wills and Executries.
A Continuing Power of Attorney is a legal document that allows an appointed individual (the Attorney) to make decisions on behalf of an individual who is no longer able to make decisions for themselves due to a mental or physical disability or illness.

A Continuing Power of Attorney is an important legal tool that allows the Attorney to make decisions on a range of matters on behalf of the individual, including financial and personal matters. This can include managing bank accounts, paying bills, making decisions about property or investments, and making decisions about medical treatment and care.

It’s important to note that a Continuing Power of Attorney does not cover matters related to Wills and Executries. This means that the Attorney does not have the power to make decisions related to the distribution of the individual’s estate after their death, nor do they have the authority to make decisions related to the drafting or changing of the individual’s Will.

When establishing a Continuing Power of Attorney, it’s important to choose an Attorney who is trustworthy, reliable, and capable of making decisions in the best interests of the individual. It’s also important to ensure that the legal requirements are met and that the appropriate forms and documentation are completed and submitted.

At BK Gills Solicitors, we have extensive experience in advising clients on all aspects of Powers of Attorney, including Continuing Powers of Attorney. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that our clients are able to make informed decisions about their future care and well-being.

A Welfare Power of Attorney deals with everything to do with your health and welfare.
Unlike a Continuing Power of Attorney, which covers financial and personal matters, a Welfare Power of Attorney deals specifically with matters related to an individual’s health and welfare. This can include decisions related to medical treatment, care arrangements, and other important decisions related to an individual’s health and well-being.

A Welfare Power of Attorney can be especially important for individuals who may be facing serious health challenges or who may have specific wishes related to their care and treatment. By appointing a trusted individual to act as their Attorney, an individual can ensure that their wishes are respected and that their care is managed in accordance with their wishes.

It’s important to note that when establishing a Welfare Power of Attorney, it’s essential to choose an Attorney who is trustworthy, reliable, and capable of making decisions in the best interests of the individual. It’s also important to ensure that the legal requirements are met and that the appropriate forms and documentation are completed and submitted.

At BK Gill Solicitors, we have extensive experience in advising clients on all aspects of Powers of Attorney, including Welfare Powers of Attorney. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that our clients are able to make informed decisions about their future care and well-being.

A Power of Attorney, whether it is a Continuing Power of Attorney or a Welfare Power of Attorney, is an important legal tool that can ensure that an individual’s wishes are respected and that their care and well-being are managed in accordance with their wishes. Accidents, illnesses, and medical conditions can often leave individuals unable to make decisions for themselves. In these situations, having a trusted individual appointed as an Attorney can make it much easier for decisions to be made in accordance with the individual’s wishes.

Without a Power of Attorney, medical professionals may need to make decisions on behalf of an individual, which may not always align with the individual’s wishes or preferences. By appointing an Attorney, individuals can ensure that their wishes are respected, even if they are unable to communicate them at the time.

At BK Gills Solicitors, we understand the importance of ensuring that our clients’ wishes are respected and that their care and well-being are managed in accordance with their wishes. We offer flexible appointments, including home and hospital visits when necessary, to ensure that our clients have access to the legal support and guidance they need to make informed decisions about their future care and well-being.

If you’re interested in learning more about Powers of Attorney and how they can benefit you or a loved one, please don’t hesitate to get in touch with us. Our team of experienced solicitors can provide guidance and support throughout the process, ensuring that you have the information you need to make informed decisions about your future care and well-being.