Answer – Why do I need one of those? I am capable of making my own decisions. I’ve not got dementia.

By Erika Watt of MM Legal

Well, do you know that power of attorney can be used intermittently? Say you’re on holiday and your water tank bursts flooding the house or if your purse or wallet is stolen while you’re abroad. What do you do? How do you get the insurance claim started or get a new bank card when you’re in deepest, darkest Bora Bora?

If you sign a financial and welfare power of attorney then those who you trust the most, friend, family or a professional, can make those decisions and deal with your affairs in the short term, all while you’re sipping a poolside pina colada.

A power of attorney is a document you sign when you are mentally well. It allows someone to act for you when you are physically or mentally unable to deal with financial or welfare matters.


A common misconception is, if you were not able to go to the bank or make serious decisions about your health, then your next of kin would just be able to go into the bank and deal with your bills or make decisions about your health. It is not as easy as that. Where you lose capacity permanently: a head injury, a stroke or dementia and you don’t regain capacity and don’t have a power of attorney, then your family or friends are required to apply to court to be as your appointed financial and welfare guardian. That process can take between four and eight months on average, depending on what local authority you’re applying to. In the meantime the bills are accruing and you are unable to move to more appropriate care or even go home with care.

Making a power of attorney is easy to do; you simply seek the assistance of your solicitor who can ensure that the power of attorney that is drafted for you covers all your specific needs or consult the Office of the Public Guardian Scotland.

So, for peace of mind, to know that if something happens and you need someone’s help, you have the correct legal authority in place to allow that person to act on your behalf, then organise a financial and welfare power of attorney. Don’t take the chance.

A power of attorney is a document you sign when you are mentally well. It allows someone to act for you when you are physically or mentally unable to deal with financial or welfare matters.

About MM Legal

MM Legal is a forward-thinking modern law practice based in Glasgow. Our aim is to provide legal advice and solutions to all clients in a clear and concise manner without the stuffiness that comes with traditional service providers. If you have a problem let’s work together and find you a solution.

Why choose us?

We strive to provide efficient and effective legal services to our clients at a cost they can afford. To do so, each of our attorneys concentrates in a limited number of specific areas:

Private Client

  • Wills and estate planning (including care cost planning)
  • Power of Attorney (financial and welfare)
  • Financial and Welfare Guardianship (with Legal Aid Assistance)
  • Executry matters
  • General Legal Advice
  • Home, Hospital and care home visits are available for all matters

Residential Property

  • Purchases and Sales
  • Buy-To-Let
  • Mortgages and Re-mortgages
  • Equity Release
  • Transfers of Title

Commercial Property

  • Sales
  • Purchases
  • Property Investment
  • Property Development
  • Commercial Leasing – Landlord and Tenant
  • Business Purchases and Sales

Service for Employers

We offer a dedicated service for employers which can be an ongoing monthly retainer or at a one-off fee.

Service for Employee

As an employee, you have extensive rights within the workplace. Should difficulties arise with your employer, our professional advice will help you find the most appropriate private path to follow to resolve any issues.

Address: MM Legal, 36-38 Washington Street, G3 8AZ, Glasgow


Tel: 0141 241 6350

Fax: 0141 404 8181