Setting up a Power of Attorney (PoA) in Glasgow is a vital component of future planning, ensuring your wishes are upheld even if you lose mental capacity. While the peace of mind it provides is invaluable, it’s natural to wonder about the financial outlay involved. The cost of making power of attorney Glasgow primarily comprises two distinct elements: solicitor’s fees and the mandatory registration fee.
1. Solicitor’s Fees
The most significant portion of the cost will be the fees charged by the solicitor you engage to draft and facilitate your Power of Attorney. These fees can vary based on several factors:
- Complexity of Your Affairs: A straightforward combined financial and welfare PoA will generally be less expensive than one for someone with complex assets, multiple properties, or specific, intricate instructions.
- Firm’s Pricing Structure: Different law firms in Glasgow will have their own fee scales. Some offer fixed fees for PoAs, while others may charge an hourly rate.
- Combined Services: Many solicitors offer discounts if you create a PoA alongside other estate planning documents, such as a Will.
- Home/Hospital Visits: If the solicitor needs to travel to your home or a hospital in Glasgow to take instructions or have the document signed (especially for elderly or infirm clients), there may be an additional charge for travel time or a specific home visit fee.
General Range for Solicitor’s Fees in Glasgow: For a standard, combined Continuing (financial) and Welfare Power of Attorney, you can typically expect solicitor’s fees to range from £250 to £450 plus VAT. Some firms may quote outside of this range, with some potentially going up to £1,000+VAT for highly complex cases, while others may offer more competitive rates.
Couples’ Discounts: Many Glasgow solicitors offer discounted rates for couples who wish to create “mirror” Powers of Attorney (i.e., each person appoints the other, and often the same substitute attorneys, with similar powers). For a couple, the combined solicitor’s fee might range from £400 to £650 plus VAT.
2. Office of the Public Guardian (OPG) Registration Fee
This is a separate, statutory fee that must be paid to the Office of the Public Guardian (OPG) in Falkirk for your Continuing and Welfare Powers of Attorney to be legally valid and effective in Scotland.
- Current OPG Registration Fee: As of the latest information (valid from 1st November 2024 onwards), the fee to submit a Power of Attorney document for registration with the OPG is £96. This fee applies per Power of Attorney document, regardless of whether it’s a Continuing, Welfare, or Combined PoA.
- Who Pays?: This fee is typically paid by the Granter (the person making the PoA) to the OPG, usually facilitated by the solicitor.
Total Estimated Cost
To get a clearer picture, here’s a breakdown of the typical total cost for a Power of Attorney in Glasgow:
-
For a Single Person (Standard Combined PoA):
- Solicitor’s Fees: £250 – £450 (plus VAT, e.g., £50 – £90)
- OPG Registration Fee: £96
- Total Estimated Cost: £396 – £636
-
For a Couple (Standard Combined PoAs each):
- Solicitor’s Fees: £400 – £650 (plus VAT, e.g., £80 – £130)
- OPG Registration Fee: £96 x 2 = £192
- Total Estimated Cost: £672 – £972
(Please note: These figures are estimates as of June 2025 and are subject to change. Always obtain a precise quote from your chosen solicitor.)
Potential for Reduced Costs: Legal Aid
It is important to be aware that financial assistance may be available through Legal Aid for those on low incomes or receiving certain benefits. If you qualify for Legal Aid (specifically “Advice and Assistance”), the Scottish Legal Aid Board (SLAB) may cover some or all of your solicitor’s fees. Eligibility is means-tested based on the Granter’s income and capital.
You can check if you might qualify by using the online estimator on the Scottish Legal Aid Board’s website. If eligible, your solicitor can help you apply for the assistance.
Why the Cost is a Worthwhile Investment
While there is a cost involved, it’s crucial to view it as an investment in your future security and peace of mind. The financial outlay for a PoA is significantly less than the costs associated with not having one:
- Avoiding Guardianship Orders: If you lose capacity without a PoA, your family would likely need to apply for a Guardianship Order through the Sheriff Court. This process can easily cost thousands of pounds in legal fees, stretching into four figures, not to mention the emotional stress and considerable delays it imposes.
- Preventing Financial Instability: Without legal authority, no one can access your bank accounts or pay your bills, potentially leading to missed payments, late fees, credit score damage, or even repossessions.
- Ensuring Your Wishes are Met: The cost also buys you the assurance that your personal welfare and healthcare decisions will be made by someone you trust, in line with your values, avoiding potentially difficult and unwanted outcomes.
In conclusion, the cost of making a Power of Attorney in Glasgow is a modest investment compared to the potential financial and emotional burdens that can arise without one. Engaging a reputable Glasgow solicitor ensures the process is handled correctly, providing robust legal protection and invaluable peace of mind for your future. Always obtain a clear, itemised quote from your solicitor before proceeding.