COVID-19 - We are open for business and here to help ->

Translate this site

enzh-CNzh-TW

Covid-19 Update

The welfare of our clients and staff is always a key priority for Raeside Chisholm. In light of the current circumstances, we are continuing to offer a full range of services, but we are working remotely. You can contact us on 0141 248 3456 and one our solicitors will call you back if necessary, or you can contact us by email.”

A Power of Attorney is an essential future-planning tool no matter what stage of life you are at. In Scotland, everyone over 16 years old is presumed to have ‘legal capacity’ which means they can make their own decisions under the law. Ensuring you have a Power of Attorney allows you to prepare for a time where you may not be able to make decisions of your own accord, or where you need assistance to do so.

In this article, we will discuss:

For advice specific to your circumstances, get in touch with our private client team today by calling 0141 248 3456 or completing the online enquiry form.

The law and mental capacity

If an adult in Scotland becomes incapable of making decisions about their welfare or finances, they are protected by the Adults with Incapacity (Scotland) Act 2000. The Act makes provision for safeguarding those who have lost mental capacity or the ability to communicate their needs, and those who wish to help them.

The Act sets out that a person may no longer have mental capacity if:

  • they cannot make decisions or act on their decisions;
  • they cannot effectively communicate their decisions or intentions;
  • they cannot understand the consequences of their decisions; or
  • they cannot remember the decisions they make.

Incapacity may apply to people who have mental incapacities such as dementia or a brain injury, and to those who are unable to communicate their wishes effectively as a result of physical disability.

The primary purpose of the Act is to allow people to plan for a time where they may no longer be able to make decisions for themselves. It is recognised that in many cases, a person’s mental capacity can change both in the short term and long term. As such, the Act sets out that an Attorney must be mindful of the person’s “present and past feelings and wishes as far as possible”.

A Power of Attorney document specifies who can make certain decisions, and how they should come to their decision. Although many will never need to rely on a Power of Attorney, it can be comforting to know you have one in place. 

What happens if I lose mental capacity and I have Power of Attorney in place?

It is a common misconception that if a person becomes ill or unable to make decisions for themselves, a family member – such as an adult child or partner – can simply step in and make decisions on their behalf. This is not the case.

Legally, no one is automatically awarded the right to make decisions about your welfare and finances, unless you have set up a Power of Attorney in advance. If you have failed to put a Power of Attorney in place, and you lose capacity, the person who wishes to make decisions on your behalf will need to go Court. The process of obtaining authority to make decisions on behalf of another person after they have lost capacity can be costly and may take a long time. It can also be challenging and stressful for your loved ones.

If you lose capacity and do not have a Power of Attorney, you are risking a person you would not have chosen to be appointed as your Attorney. By setting up a Power of Attorney, it can give you peace of mind that your affairs will be taken care of by the person of your choosing should they accept. This will also give you the chance to discuss your wishes in depth with your trusted individual to ensure they fully understand.

What type of Power of Attorney do you need?

There are four types of Power of Attorney available in Scotland. The type you require will depend on your circumstances, and the eventualities you wish to plan for:

Simple Power of Attorney

A Simple Power of Attorney is typically created for a set amount of time or to deal with a specific issue. An example of this is if someone is going into hospital for a set period of time and needs someone to make decisions on their behalf while they are away. It is essential to understand that a Simple Power of Attorney only lasts as long as you have mental capacity.

Continuing Power of Attorney (CPA)

A CPA enables you to appoint an Attorney to look after your property and financial affairs. Examples include managing your bank accounts or selling your home. When creating a CPA, you can opt to have the powers to become effective immediately or state that the powers only come into effect if you lose the ability to make decisions.

Welfare Power of Attorney (WPA)

A WPA allows your Attorney to make decisions about your health and welfare in circumstances where you are unable to make these decisions for yourself. Examples include medical treatment, where you live, and personal care decisions.

Combined Continuing and Welfare Power of Attorney

This type of Power of Attorney allows your Attorney to look after your financial affairs (like a CPA) as well as your welfare decisions (WPA).

Our lawyers will discuss your circumstances with you and set out your options clearly. We can help you and your family plan effectively for the future. Get in touch with us today.

Contact our Expert Power of Attorney Solicitors in Glasgow, Scotland

We understand that there are many things to consider when setting up a Power of Attorney, but our experienced solicitors can help. Our lawyers will set out all of your options clearly, providing practical advice and assistance at every stage of the Power of Attorney process. Please contact us now on 0141 248 3456 or complete our online enquiry form to arrange an appointment to have a Power of Attorney drawn up by our expert solicitors.

Does your business need premises or do you need bigger, or smaller premises?

We have bought all types of commercial premises all over Scotland, for a wide variety of individuals and companies.

We know the best procedures to follow, and the pitfalls to avoid, and our commercial conveyancing lawyers will conclude the best deal for you, quickly and efficiently.

Timing is crucial, and we can help if you need things done quickly.

Of course, there will always be tax issues to be checked, and we will ensure that you are informed quickly and clearly of any tax liabilities that a purchase could involve.

We will make sure that you are aware of what needs to be done to keep your new premises in good legal and financal shape, and ensure that as a property owner, you know what your building requires from a legal and safety perspective.

Perhaps you have bought a commercial property at auction and needs lawyers? We will help, quickly and efficiently.

Perhaps you have bought a commercial property as an investment purchase, and there is a tenant in the property, paying rent? 

We act for many purchasers from all over the world, as well as many clients based in England who are new to buying commercial property in Scotland. We will keep things simple and clear. We will offer the same high levels of protection and security that you would have with a much larger law firm, but we will do so at sensible, down to earth fees- our prices will not restrict your business from growing.

If you need help with the requirements of your bank or funder, then we will easily attend to those needs, and make sure these are explained to you, simply, clearly and early.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

Are you looking to buy or sell your existing lease or are you taking a new lease from a landlord?

Any business, large or small, will need premises. Taking a lease as a commercial tenant when expanding your business is an exciting but frightening time. Things can appear complicated and intimidating. We can help you with that, and take away all the fear and responsibility for getting things right.

We act for many types of tenant, over a wide range of business types. We also specialise in buying and selling leases (called an “assignation”).  We also specialise in sub-leasing of all types of commercial premises. If you want to extend or vary your lease, exercise a break-option, complete a rent review, or simply deal with a 3 yearly Land and Buildings Transaction Tax return, then we can help. We deal with these things every day. We can also help bring your lease to an end, and make sure your exit costs are as low as possible.

What will it cost to take a lease?

The factor determining the cost will be the time it takes to complete your lease to your requirements. As a tenant, you want a fair lease with clear exit options to allow you to sell your lease (or sub-lease to another tenant), should your business needs change. We still provide you with the same protection and security that you would have with a much larger law firm, but we will do so at sensible, down to earth fees- our prices will not restrict your business from growing.

What will it cost to buy or sell a lease?

If you’re buying an existing lease or selling your own lease, we can do this for you at the lowest commercial market rate available. Our extensive existing tenant clients are very happy with this, and continue to use us as their business demands change. We like to watch our clients grow. Wherever possible, we will agree a fixed fee for buying a lease or selling a lease, at the time you contact us.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

Are you selling your commercial premises, and perhaps your business as well?

We can attend to every aspect of the sale of your property, whether it be a shop on the main road, industrial unit, local convenience store, offices, pub, hotel or garage, we will look after your every need and provide clear guidance on every aspect of the sale.

Selling a commercial property is a journey, and we will guide you through the issues and pitfalls along that journey, ensuring you have the best, cleanest and most efficient sale of your property.

We will ensure that your ongoing liabilities are as reduced as possible.

We will help with the negotiation of the sales contract, and ensure everything is done efficiently, clearly, quickly and as cost-effectively for you as possible.

We know you want to keep things simple and keep things clear, and we will make sure that every step of the sale is explained to you in full.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

One factor which can add to the stress of the whole experience of moving house is if this will also involve relocating to a new city, or indeed a new country.  You will find our team particularly helpful if this is the case for you. 

We can provide you with a great deal of local knowledge gained through our years of acting in purchases and sales of properties, both in Glasgow and the surrounding areas, as to current market trends.

We can also guide you through some of the differences between the Scottish and English legal systems.

Is the system in Scotland different from England?

Yes, although the basic idea is, of course, the same. 

Perhaps the main difference in practice is that, in England, the system involves an “exchange of contracts” between Seller and Purchaser – signed by each personally – which often happens very shortly before the Seller moves out and the Purchaser moves in.  Up until that “exchange of contracts” there is no binding deal; either party may be able to walk away from the transaction.

In Scotland however “Missives” are usually concluded at a much earlier stage – at which point there is a binding contract so that either party can walk away from the deal.  And in Scotland, these “Missives” are not signed personally by the Seller and Purchaser but by their respective solicitors.

In Scotland almost all residential properties are required to have a Home Report before they can be marketed for sale. This is provided by the seller. The Home Report consists of a Single Survey, an Energy Performance Certificate and a Property Questionnaire. In England the only upfront information required to market a residential property is an Energy Performance Certificate, and any additional surveys are instructed by the prospective purchaser.

In Scotland properties are often advertised at ‘offers over’ a certain price. This price is only a guideline and the seller will be seeking a price which is higher than this value. Arguably, this price should be ignored as it is largely there to attract more interest in the property and is often considerably lower than what the property is actually worth. The Home Report contains a property valuation. This value should be used when considering how much to offer on a property. We often see properties being sold for 10% or above the Home Report valuation, and with our market knowledge we will be able to give you assistance on what an acceptable Offer might be.

Please note that if you are a purchaser and are applying for a mortgage the percentage of borrowing that you will receive from your Lender is based on the lower of the property valuation and the price you pay for the property. You will need to provide any excess funds for your purchase.

When you see a property that you are interested in the normal process would be for you to ask us to make a ‘note of interest’ on your behalf. Noting interest does not commit a prospective purchaser to putting in an offer, but it does mean that they should be notified if a closing date (discussed below) for Offers has been set by the seller. If there are no other notes of interest on a property then the seller may consider an Offer at that stage. If there are other notes of interest then it is likely that a closing date will be set, and prospective purchasers should have a chance on that date to submit an Offer. Under no circumstances would we submit an Offer in advance of a closing date if one has been set.

At a closing date prospective buyers will submit sealed Offers before a certain time on that date. Once the Offers are in the seller will choose the offer they want to accept (this is not always necessarily the highest). The closing date procedure is similar to the ‘best and final Offers’ or ‘sealed bid’ procedure in England. Once an Offer is accepted the seller and purchasers’ solicitors will correspond with each other to progress matters.

In Scotland once an Offer has been accepted the property is taken off the market until missives are concluded. The property remains on the market in England until the contract for the sale/purchase of the property is concluded.

In Scotland, there are what is known as ‘Scottish Standard Clauses.’ These Standard Clauses are incorporated into every Offer automatically. Normally a seller’s solicitor will try to modify or delete some of these Clauses – they may well have a firm policy whereby they delete/modify a particular clause in every Offer, or they may choose to do so dependent on the particular property they are selling. A purchaser’s solicitor will discuss the implications of such modifications/deletions with the purchaser.

Missives are concluded (i.e. a binding contract for a sale/purchase is set in place) without any documentation actually being signed by the seller or purchaser, but we would of course take your instructions throughout the process and would not tie you into a contract without your specific instructions to that extent. The missives comprise the Offer that was submitted on behalf of the purchaser, the written acceptance received from the seller’s solicitors and any further formal letters. These formal letters are all prepared and exchanged through parties’ solicitors. Until missives have been concluded there is no legally binding contract in place and either party can walk away from the sale/purchase. In England, a contract for the sale is negotiated and then signed and exchanged. Often the transaction becomes binding earlier in the process in Scotland than it does in England.

Once missives are concluded there is a binding contract in place for the sale/purchase of the property. There will however be a time lapse between conclusion of missives and the date of entry (the day on which the purchase price is paid in exchange for the keys – otherwise known as ‘settlement’). You will not actually move into the property, or have title to same, until the date of entry. No money will be exchanged until the date of entry (a Deposit may however be payable if the property is a new-build). In terms of the Scottish Standard Clauses, a purchaser is entitled to gain access to the property on no more than 2 occasions after the conclusion of missives.

Contact our Conveyancing Solicitor in Glasgow, Kay Barr

To find out how we can help you or to arrange an initial consultation with one of the best conveyancing lawyers in Glasgow, please complete our online enquiry form or contact us on 0141 248 3456.

Online Enquiry

  1. Name(*)
    Please let us know your name.
  2. Email(*)
    Please let us know your email address.
  3. Daytime Tel. No.
    Please enter your daytime telephone number.
  4. Subject(*)
    Please write a subject for your message.
  1. Message(*)
    Please let us know your message.
  2. Please tick below for antispam verification (*)
    Invalid Input

Latest News

20 November 2020
Estate Agency
The figures provided by the Office for National Statistics show that the average UK house price climbed by 4.7% in the year to the end of September, hitting a record high.  It is believed that pent up demand and the LBTT relief (Stamp Duty in En...
16 November 2020
Raeside Chisholm Solicitors News
House prices in parts of Scotland have almost quadrupled since the last time the men’s national football team qualified for a major tournament. When Scotland played at the 1998 World Cup in France, a typical home in Scotland cost £66,127.00. It has b...
28 October 2020
Raeside Chisholm Solicitors News
We are pleased to advise that we are taking part in the Will Aid Scheme again this November 2020. The Will Aid scheme takes place across the country each year during the month of November and supports ActionAid, Age UK, British Red Cross, Christian A...
09 October 2020
Estate Agency
According to property website Rightmove, home buyers are looking to escape crowded cities and big towns by moving to the country or the coast.  They have said that searches have doubled for homes in small towns and villages with populations less...
25 September 2020
Estate Agency
Notwithstanding the further restrictions imposed earlier this week, you are still allowed to move home.  However, the process of finding and moving into a new home is likely to be different, as all of those involved in the process will need to a...
08 September 2020
Estate Agency
If you were considering buying your first home before the coronavirus pandemic, we understand you may feel confused and unnerved at the prospect of starting your search again. With cautious lenders and many buyers and sellers dealing with a change of...

As featured in

Latest Tweets

Connect with us

Recent Client Comments