Powers of Attorney - Blackwood & Smith LLP

Here When You Need Us Powers Of Attorney

“Life is what happens whilst you are busy making other plans ….”

Have you thought about who would look after your financial and business affairs or your personal wellbeing if the time comes when you can no longer do that yourself?

You might think that a spouse, partner or close family member could take decisions for you but that isn’t the case. In fact, no one has the right to make decisions for you without legal authority.

A Power of Attorney is a document which appoints one person (or several people) to make decisions about your money and property and/or your health and personal welfare.

THERE ARE TWO TYPES OF POWER OF ATTORNEY

A Power of Attorney is a document which appoints one person (or several people) to make decisions about your money and property and/or your health and personal welfare.

For both Continuing and Welfare Powers of Attorney, it is important that you appoint those you trust and who understand your views and your feelings. You can appoint different individuals to act as Continuing and Welfare Attorneys or you may wish to appoint the same person or people to do both. An Attorney is obliged to act in your best interests and in accordance with your wishes however expressed. They are also obliged to account to you for what they do.

Continuing Power of Attorney

A Continuing Power of Attorney which covers all financial matters, for example dealing with your house, your bank accounts, investments, payment of bills, or taking business decisions. It can be used before the granter loses capacity if need be – for example to cover absence abroad.

Welfare Power of Attorney

A Welfare Power of Attorney, in contrast, only operates once you lose capacity and deals with personal welfare issues, for example authorising medical treatment or deciding on suitable accommodation for you if you are no longer able to live at home.

Your Local Experts Expertise Throughout the process

Our team of skilled solicitors are extremely knowledgeable and can advise on all aspects of Powers of Attorney and other options available for management of a person’s financial affairs or personal welfare matters

We deal not only with clients in Peeblesshire, the Scottish Borders and Edinburgh but we can also provide knowledgeable guidance for our clients located anywhere in Scotland.

Our experienced private client team would be delighted to talk over your circumstances and ensure that the appropriate Power of Attorney is drafted for you. If you do not have a Power of Attorney in place please contact our team to discuss.

Don't Leave It Too Late What is the process?

Don’t leave it too late – some people think that a Power of Attorney is something that they will do when they “get older” but things can change quickly and unexpectedly through accident or sudden illness at any age, at which point it may not be possible to put a Power of Attorney in place.

In that event, it may be necessary to go to Court and have a financial or welfare guardian appointed for you. This is a much more complex and costly process. It is far better for you to take the initiative and put a Power of Attorney in place while you are fit and well and have capacity to make your own choices.

If the Power of Attorney is never needed then so be it, but if it is required, you and your loved ones will be glad to have it in place.

1Meeting with the Solicitor 2Draft the Power of Attorney Document 3Signature and Certification 5Registration 6Power of Attorney Document in Use

1 Meeting with the Solicitor

It is important to take proper advice on the type of Power of Attorney most suited to your circumstances and how best to structure it, but it pays to plan ahead. Our experienced private client team would be delighted to talk over your circumstances and ensure that the appropriate Power of Attorney is drafted for you.

2 Draft the Power of Attorney Document

Following your meeting with the solicitor, a draft Power of Attorney will be prepared and sent to you for approval.

3 Signature and Certification

Once you have approved the draft document, you will be required to sign the final version before a solicitor or a doctor who will certify that you have capacity to grant the Power of Attorney.

5 Registration

Finally, the signed Power of Attorney will be sent to the Office of the Public Guardian to be registered.

Only when it has been registered can the Power of Attorney be used.

6 Power of Attorney Document in Use

Once you have signed and registered a Power of Attorney you don’t immediately lose control over your affairs. In fact, you can continue to deal with the management of your affairs as long as you are able to do so, and later on with the encouragement and support of your Attorney if need be.

Our Team Cares

Our team genuinely cares about each of our clients. We understand that communication is key and we will be on hand to answer your questions. You are not just a number and address to us, our solicitors will know you by name and will be up to date with the status of your file. We are on hand and happy to answer your questions in a friendly and prompt manner.

Meet Our People

Fiona Fleming

Partner

Fiona Fleming is a Partner at Blackwood and Smith and joined the firm in 2003. She provides advice on a variety of private client matters including Wills, Powers of Attorney Trust Administration and Executries. Along with her colleagues Fiona also provides advice in relation to residential sales and purchases. Fiona attended school and university in Edinburgh but has called Peebles home since she moved here over 30 years ago. She loves the mix of independent shops, businesses and the easy access to the gorgeous countryside. Fiona believes that the role of a solicitor in a rural practice such as Blackwood and Smith is to offer specialist legal advice as required, but also to act as a trusted adviser on whom clients can depend to look after their interests as they would their own. Outside of work Fiona is an avid gardener and a keen sailor. Her 3 favourite things are: sunshine, sea breezes and bananas!

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Struan Ferguson

Partner

Struan is a Partner at Blackwood & Smith. Struan takes a particular interest in all aspects of property law, including the purchase and sale of residential, commercial and rural property, and also commercial leasing. Struan also assists clients with private client work including, Wills Executry Administration and Powers of Attorney. Struan became a Partner in 2017 having originally joined the Firm as a Trainee Solicitor in 2011. Brought up in Innerleithen, Struan studied law at the University of Aberdeen before moving back to the area in 2010. Struan currently lives in West Linton with his wife and two young children. Struan loves living in the Scottish Borders and thinks that it is the best place to raise a family. Struan sits on the Council of the Law Society of Scotland, the governing body of the Society, as well as the Society’s Property Law Committee. Struan is also a founding member and the current Chairperson of the Scottish Conveyancers Forum. Through his involvement in the Property Law Committee and Scottish Conveyancers Forum, Struan is involved at the forefront of developments in Scottish property law and practice, including participating in working parties involved in drafting the latest versions of the Scottish Standard Clauses, New Build Standard Clauses and PSG Residential styles. He is also a Member of the Society of Writers to the Signet. Struan’s favourite part of his job is the satisfaction of completing multiple transactions on a Friday and then heading home for a well-deserved beer. With two young children Struan doesn’t have a lot of time for hobbies but when he is not working he enjoys, reading, walking and watching sport (he is not himself a sportsman so prefers to watch). Struan’s three favourite things are: his family, being on holiday (somewhere different each time), and cricket.

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Carrie Wright

Solicitor

Carrie is a Solicitor at Blackwood and Smith. Carrie joined the firm in 2015 initially as a Trainee Solicitor before qualifying in April 2017. Carrie undertakes work in a number of different legal areas including Conveyancing, Wills and Executries and Family Law. Carrie grew up in Gorebridge. She attended Newbattle High School before moving on to study for both her Law Degree and her Diploma at The University of Edinburgh. After graduating in 2011, she worked for 3 years as a debt recovery paralegal in Edinburgh. Carrie undertook and completed her traineeship with Blackwood and Smith in 2015 and has remained a valued member of the team ever since. Carrie has a keen interest in family law and is a member of the Family Law Association Committee. Carrie’s favourite thing about being a solicitor is the variety of work that she can deal with on a daily basis. As a busy working parent Carrie isn’t left with much time for hobbies however she enjoys baking with the kids and touring soft plays and parks (every parent knows these are premium weekend activities). Carrie’s three favourite things are: spending time with her family, finding new places to eat delicious food and lazy days with the kids watching Disney movies.

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Jennifer Richardson

Solicitor

Jennifer is a Solicitor at Blackwood & Smith. Jennifer is experienced in Conveyancing and has a keen interest in Private Client work. Jennifer grew up in Peebles; she started her education at the “old” Kingsland Primary School and then attended Peebles High School. Jennifer moved to Alloa for a short time but she is now back home in the Scottish Borders with husband, two children and two dogs. Jennifer is delighted to be back home in Peebles as she is now surrounded by family and hopes to have a new home to move into soon! Jennifer attended university in Newcastle and Edinburgh. She qualified as a solicitor in 2006. Jennifer trained at, and then worked for, several large commercial law firms in Edinburgh and the central belt before taking a career break from the law to raise her small children and during this time she started her own business. Jennifer missed the law and returned to resume her role as a solicitor at Blackwood & Smith in June 2023. Jennifer’s favourite thing about being a solicitor is meeting new people and being able to help. Jennifer has many interests outside of the law however she doesn’t have much time for hobbies at the moment between working, raising a family and building a house. She spends most of her free time visiting various window/door/timber kit/solar panel etc showrooms. Jennifer has however found a little bit of space for herself and her daughter who are both embarking on a musical journey to learn to play the piano. Jennifer was very musical growing up and played lots of instruments but never piano. Jennifer’s three favourite things are: her family, her dogs, and travelling.

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Michael Carlin

Solicitor

Michael joined Blackwood & Smith as a Trainee Solicitor in October 2022 and is now a Solicitor with the firm. Michael is originally from Hamilton, he attended St Aloysius’ College Glasgow and went on to study Scots and English Law and a Diploma in Professional Legal Practice at the University of Strathclyde. Michael’s favourite thing about Peebles is the abundance of gorgeous walks on his doorstep. Michael advises individuals and families on a range of issues including Wills, Powers of Attorney, Trusts, Asset Protection, Executries, and Inheritance Tax Planning. He is an Affiliate member of the Society of Trust and Estate Practitioners (STEP) – a global professional body comprising practitioners who help families plan for the future. Whilst he enjoys all aspects of private client work his favourite part of his job is assisting clients with their Wills and Estate Planning to ensure they are prepared for the future. Michael has many other interests outside of the law. He coaches and plays tennis competitively. Tennis has always been a big part of his life and it is something he is very keen to continue alongside his legal career. Michael also loves going on road trips, the NC500 being his most memorable. He has big plans for future trips and is looking forward to exploring more of the world. Michael’s three favourite things are: Travelling; sports; and films.

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Katie Brydon

Residential Conveyancing Paralegal

Katie joined Blackwood & Smith in March 2023 and commenced training as a Residential Conveyancing Paralegal. Katie was schooled in Selkirk and attended the University of Dundee where she completed an Honours Scots Law (LLB) degree in 2021. Katie has recently completed her training to become a Residential Conveyancing Paralegal. Katie has a working interest in Property and Family Law. Katie also has a keen interest in the modernisation of Scottish Legal System with a focus on encouraging equality and diversity. Katies favourite part of her job is helping first-time buyers get on the property ladder. Katie was born in the Scottish Borders and after spending some time away at University and traveling she is now back home in the Scottish Borders. Katie loves living in the Borders and enjoys the countryside and the peaceful life amongst the hills. Katie is passionate about health and fitness and is part of a local running group. Katie has many interests outside of the law however her hobbies include running, hillwalking and socialising with family and friends. Her three favourite things are: travelling; going out for food; and Christmas!

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Karen Valentine

Scottish Law Accountant

Karen is one of our Scottish Law Accountants and our Office Manager. She, along with Julia, ensures the firm’s compliance with the Law Society Accounts Rules. Karen also deals with Private Client work, Tax Returns, and Trust and Estate administration; and assists Fiona Fleming with Charity administration. The Tax Return work includes not only tax affairs for individuals but also for Trusts and Estates including PAYE, Self Assessment, Capital Gains Tax and Inheritance Tax. She has extensive knowledge of Power of Attorney work and attends to the affairs of numerous clients on behalf of Attorneys. She prides herself on her attention to detail, and her relationship with her clients. Karen is one of the longest serving members of our team and joined Blackwood & Smith in 1988 as our office junior. In 1998 she qualified as a Scottish Law Accountant through the diploma scheme operated by the Society of Law Accountants in Scotland. Karen lives locally and her favourite thing about living in Peebles is the scenery. It was very apparent to her during lockdown just how fortunate she is to live here. Being able to walk 10 minutes in any direction and be in the countryside, or at the top of the hill is a highlight. She considers the Scottish Borders to be a glorious part of the world! Karen’s favourite part of her job is being able to take away some of the worry and stress when someone has lost someone close to them. Being in a position to provide reassurance and guidance so that they have one less thing to worry about at an often very difficult time makes the job worthwhile. Karen’s three favourite things are: metal music (particularly thrash); horror movies; and yoga. The yin and yang!

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Julia Scott

Scottish Law Accountant

Julia works in our accounts team and is an integral member of our team assisting Karen with the running of our cashroom. She has worked for Blackwood & Smith since 2009 and gained her Scottish Law Accountant qualification in 2014. Julia was born and raised in Peebles, attending Kingsland Primary School and Peebles High school. She still lives locally with her husband and daughters. Julia’s favourite thing about living in Peebles is the beautiful scenery; she loves being outside and up in the hills, whether that is on her horse or walking her dogs. She can’t imagine wanting to live anywhere else. Outside of work Julia spends most of her free time riding her two horses Luna and Fletcher, and walking her two dogs Harvey and Stella. Julia is the treasurer for the Peebles March Riders Association who organise rideouts and horse events throughout the year. Julia’s favourite thing about her job is busy house settlement days, she enjoys finalising the transactions and seeing clients getting the keys for their new homes! Julia loves puzzles, playing cards, board games, jigsaws, crosswords or even suduko! This is helpful for her work as sometimes balancing an account can be just like completing a puzzle. Julia’s three favourite things are: sunshine, good health and happiness.

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Kristina Thomson

Executry Assistant / Cashroom Support

Kristina works in our cashroom and assists our accounts and executry teams. Kristina was born and raised in Peebles and continues to live here whilst raising her family. She loves the quietness, the hills, the familiarity, the walks, the people, her list is endless. She has worked for Blackwood & Smith since September 2021. Her favourite thing about her job is learning something new every day, no Executry is the same and she is always improving her knowledge and perfecting her skills. She enjoys the challenge of overcoming a problem or issue and completing a file. Kristina is a little bit of an adrenaline junkie and loves pushing the limits and riding down mountain bike trails, hill walking, paddle boarding and cocktails with friends. Her three favourite things are: her boys, her dog, Fern and the hot air feeling when you step off a plane.

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What does it mean? Power of Attorney FAQ

It is quite normal to have lots of questions about the process or the legal terms used during the process of granting a Power of Attorney. We completely understand that the information you receive during the process might be new to you so please always feel free to ask us to explain something in more detail. Our solicitors have put together answers to some questions that frequently come up during the Power of Attorney process.

Do I need two Powers of Attorney in order to grant financial and welfare powers?

No, both sets of powers can be – and usually are – included in a single Power of Attorney. Some clients do prefer to just make a Power of Attorney including one set of powers but in most cases we are asked to draft a single combined Continuing and Welfare Power of Attorney.

When can the Power of Attorney be used?

The first step in being able to use the powers contained in the Power of Attorney document is signing and then registering the document with the Office of the Public Guardian (Scotland).

Thereafter, it is more complicated. There is a common misconception that the Power of Attorney can only be used when the granter has lost capacity, but it is not as simple as that. The assumption is correct in relation to the welfare powers which can only be used when the granter lacks capacity to make these decisions for themselves, but the financial powers can be used as soon as the granter deems it appropriate. These powers can be used whilst the granter still has capacity (although the granter can have the powers take effect only on incapacity if they prefer). Commonly the financial powers are used by attorneys where the granter still has capacity but just requires some help. For example, a person may wish their attorneys to start dealing with their banking when they have become too frail to deal with the bank themselves.

What happens if someone does not make a Power of Attorney and needs help?

In many cases a Power of Attorney is never actually required. Some people will retain full capacity and the ability to make their own decisions for the entirety of their lives. In other cases, Powers of Attorney are however needed extensively. Where someone loses capacity and does not have a Power of Attorney in place, this can present significant difficulties and the person’s family will often have to look at a Guardianship or Intervention Order instead. In some respects, this is like a Power of Attorney in reverse. With a Power of Attorney, the granter nominates those that they trust to appoint as attorneys; with a Guardianship or Intervention Order, the persons seeking appointment must persuade a court that they are the appropriate people to be given power over a person’s affairs. A Guardianship or Intervention process is slow and costly, and must sometimes be repeated every few years. Having a Power of Attorney in place is therefore important to avoid your family or friends having to apply for a Guardianship or Intervention Order.

Can I amend or cancel my Power of Attorney once granted?

Yes, for as long as you retain capacity, you can amend or revoke the Power of Attorney.