Power of Attorney England or Scotland advice requested

[Miletus]

Good evening,
My wife and I live in Scotland. Our children live in England.
We would like to set up a Power of Attorney with our children as, ‘attorneys’.
Our local GP does not provide, ‘Certificates of Capacity’.
We are fully capable of making decisions concerning financial and health matters.
The cost is a concern.

Q. Is it best to consult a solicitor in England or Scotland?

Thank you.

[atticus]

You can create powers of attorney very easily online, via https://www.gov.uk/power-of-attorney/make-lasting-power

It is honestly very straightforward. My students do this for clients.

[Miletus]

Hi, thank you very much for your reply.

We would love to create a PoA on line, thus saving solicitors fees of around £500!
But, and there always seems to be a, ‘but.

From the .gov.uk website: https://www.publicguardian-scotland....er-of-attorney

Common reasons for rejection
The signatory of the prescribed certificate is not a UK registered and licensed medical doctor, a practising member of the Faculty of Advocates or a practising Solicitor who is registered to practice law in Scotland.

Looks like we are stuck.

Appreciate your response.
Thank you and take care.

[atticus]

No it doesn't. It looks like you have chosen to read narrowly and selectively.

Read the guidance notes as you go through the forms.

[Pezza54]

Hi
You should save money if you search online for the article "Power of Attorney (Scotland)" at www.wonder.legal
Complete the power of attorney template
Save and print the document. Make amendments if required. Decide on what to put for your Statement of Incapacity
Make enquiries locally for a solicitor or UK registered GP that is prepared to sign a Certificate of Capacity and how much they charge
Then register the LPA and certificate by post and pay the fee (about £80)

[PallasAthena]

There appears to be a difference between power of attorney law in England and Scotland.

The PoA in Scotland needs a 'Certificate of Capacity' signed by solicitor or doctor but the equivalent form in England - the 'certificate provider' - can be signed not only by a solicitor or doctor but also by "someone who has known the donor personally for at least 2 years, such as a friend, neighbour, colleague or former colleague".

In England most people I know have a friend sign as 'Certificate provider' (I did, and I've signed for other people). That option appears not to be open to the OP as he lives in Scotland so presumably has to follow Scottish rules, which mean (to answer OP's original question), it must be a solicitor in Scotland ("a solicitor who is registered to practice law in Scotland or by a practising member of the Faculty of Advocates"). [Unless he knows a solicitor in England who is also registered to practice in Scotland].

[Miletus]

Hi,
Thank you for your replies – as always really appreciated!
From www.wonder.legal
Before you sign and date the PoA document, a solicitor who is registered to practice law in Scotland or by a practising member of the Faculty of Advocates or a UK medical doctor must interview you to ensure that you understand what you are doing by granting PoA. If the solicitor or medical doctor is satisfied that you understand they will sign the certificate of capacity (known as schedule1). This certificate will now form part of your PoA document.


‘…Make enquiries locally for a solicitor or UK registered GP that is prepared to sign a Certificate of Capacity and how much they charge’.
Our local GP does not provide, ‘Certificates of Capacity’.
We will endeavour to find a solicitor… however, I am guessing that they will want to complete the PoA.

Take care.

[atticus]

Why guess when you can ask?

Can I ask why you put "England or Scotland" in the title of this thread?

[Miletus]

Hi, yes, as some say, ‘there is no harm in asking’.
The main reason of the title; I thought a solicitor could provide a PoA in England or Scotland & our children live in England – we live in Scotland. Did not realise that the PoA was different in Scotland as opposed to England. Hope that clarifies things.
Take care.