Adults with Incapacity

Key contacts

Morton Fraser Partner Fiona Sasan
Fiona Sasan
Fiona is an extremely experienced family lawyer and one of our Glasgow based partners. Fiona is also an accredited family law specialist, a ...
0141 274 1107
Morton Fraser Partner Lucia Clark
Lucia Clark
Lucia is a partner in our Family Law team in Edinburgh. 
0131 247 1243

Unfortunately, the time may come when someone close to you can no longer make their own decisions, perhaps due to old age or illness. Ideally, we would like to speak with clients when they do have capacity, and to encourage them to appoint an Attorney to act for them at such time.

How we can help you

If someone has lost capacity to make decisions, it's not possible to sign a Power of Attorney. Alternatively, you may be caring for a child with a learning disability, or other condition which affects their capacity, who is approaching the age of 16 and it is necessary to apply for a Guardianship order in order to have legal authority make decisions on behalf of the young adult.

If someone doesn’t have a Power of Attorney, banks and other organisations (like care homes) won't let their loved ones deal with their affairs for them, and this can cause practical and financial problems. While the law provides solutions, the procedures involved can be daunting, especially at a time when you may already feel distressed. Our expert advice will help you make sure your loved one's affairs (both personal and financial) are properly dealt with - and relieve some of the pressure on you, too.