In England you can use the Government's website to make a power of attorney online. In comparison, this option is not available in Scotland. However, the answer to the above question is still yes. Wills by Brodies means that you can instruct, confirm and meet with one of our qualified solicitors - all from the comfort of your own home.

Why do you need a power of attorney?

Most people think a power of attorney is only useful if you are old or unwell. However, a power of attorney is a useful document for everyone to have in place. Not only can the continuing (i.e. financial) powers be used as soon as they are registered – allowing your attorneys to assist you in signing documents, selling your property or managing your finances if you are abroad or unable to attend a meeting in person - but they are essential if something unexpected happened to you.

If you don't have a power of attorney in place then no one has the right to access your bank accounts, manage your affairs or make decisions on your behalf. If something were to happen to you then your loved ones would be required to apply to the court to be appointed as guardians of your estate. Guardianship applications cost several thousand pounds and can take months to complete. If a power of attorney is in place, then your loved ones will have access to your affairs in an emergency and with no additional costs at an already distressing time.

I'm married, do I still need a power of attorney?

Yes, often people think that their spouse would be able to access their accounts or manage their affairs if something happened to them. Unfortunately, this isn’t true. Your spouse will only be able to access accounts and assets held in joint names. Your spouse can't access anything held in your sole name.

How do I make a power of attorney online?

By following the link to our online platform you can complete a short questionnaire which talks you through the options for putting a power of attorney in place.

Why shouldn't I use a DIY online power of attorney service?

We would never recommend that you try and complete a power of attorney yourself. Powers of attorney are complex legal documents. It is essential not only that they are drafted by a qualified legal professional but that you receive advice tailored to your needs.

If you make a power of attorney online from a provider that does not include specialist legal advice specific to your circumstances, then your power of attorney may be too broad for your requirements. This could give power to people over your affairs which you aren't comfortable with. Alternatively, it may be too narrow and, therefore, not useful for your needs. If a power of attorney does not specifically grant your attorneys the power to act in specific circumstances then they will be unable to assist you in that specific matter.

When you make your power of attorney online with our online service you meet with one of our qualified solicitors prior to signing your deeds. Our solicitor will talk you through the deed and ensure that you are comfortable with the powers it contains and that these meet your needs.

The benefit of making a power of attorney online is that you can take action and start today.

Making a power of attorney online in Scotland is easy and affordable using Wills by Brodies.


Christy Foster

Senior Solicitor