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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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I am an appointee for my 2 sisters having a bit of hastle with

Customer Question

I am an appointee for my 2 sisters having a bit of hastle with Social Work would power of attorney be a better route to go down and if so how do i go about obtaining this ? what responsibilities would i have and what would it cost?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
I'm not sure why the social work departments think that they can interfere with you helping your sisters with their finances. They don't have the power to veto anything. However a power of attorney for each of your sisters would be the best way to resolve this. I am assuming that your sisters are mentally competent. If not the alternative is to apply to the court to have yourself appointed as guardian but this is a much longer, expensive and complex procedure.
To do the power of attorney you need a solicitor. He will prepare the document, have it signed, certify it and then registered it with the Office of the Public Guardian. The cost can vary but typically expect to pay about £400 each, possibly more if a home or hospital visit is needed.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

hi there could the Social Work be power of attorney? just need clarification as both my sisters are not mentally competent could they have done this without my knowledge and if so can i challenge them on this as my sisters would not understand or sign the required document also can you have both an appointee and a power of attorney as my knowledge on this is would one not cancel out the other???

Expert:  JGM replied 2 years ago.
There's no such thing as an "appointee" in Scots law. You either have an attorney or a guardian.
The local authority can ask for power of attorney but only where the person is competent to sign the document. If this has happened you would be entitled to challenge it.