POWER OF ATTORNEY
POWER OF ATTORNEY IN SCOTLAND
With a registered power of attorney, you can:
Give legal authority to someone you trust to make decisions for you in the future.
Avoid an expensive and lengthy court procedure to obtain guardianship.
Appoint someone to conduct business for you if you’re out of the country.
Give peace of mind to you and your loved-ones.
Have you ever paused to consider what would happen to your money, your house, your personal welfare if you were robbed of your ability to make clear decisions? If you are involved in an accident or have a stroke or are diagnosed with dementia, who would take care of your financial and welfare concerns if you lost the ability to think clearly?
If you think that your partner or spouse or family would simply step into your shoes on your behalf, you’re wrong. The law does not take into consideration any verbal agreements you may have made previously. If you want someone you trust to make decisions for you, you will need to sign and register a power of attorney document.
Put simply: if you don’t already have a registered power of attorney document, you are putting your cash, assets and personal welfare at risk.
Here are some important issues to consider before making your power of attorney:
Your attorney is the person who will make your decisions for you
If you lose the ability to make rational decisions in the future – be it through accident or ill-health – only the person or persons named in your registered power of attorney document will have the legal authority to make decisions on your behalf. If you have named more than one attorney, you will have to specify whether your attorneys can act independently of each other or if they must reach a decision between or among them.
Your attorney should be aware of your financial and welfare matters
It makes sense to appoint as your attorney someone whom you trust, someone with the ability to deal with your finances and health decisions with due regard to your wishes and expectations. It is advisable to consider appointing attorneys who live within easy travelling distance, so that they may attend to any pressing matters quickly and efficiently.
Your power of attorney is completely separate from your will
Your power of attorney ends on your death. If you have named someone as your attorney – to carry out your decision-making in the event of incapacity, this attorney will cease to have any powers over your estate once you have died. A power of attorney is not a substitute for a will, and you are advised to create both a will and a power of attorney to ensure that you are protecting matters now and after you have died.
POWER OF ATTORNEY SERVICE IN SCOTLAND
If you or a family member need to act quickly to make a power of attorney, we can put everything in place without delay. If your need for a power of attorney is urgent due to health reasons or – for example – an impending house purchase/sale, we can expedite matters on your behalf.
No matter where you are in Scotland, contact us now to secure your future with a continuing and welfare power of attorney. If you already have a will prepared at home or by another solicitor, we offer a completely free will review to make sure that your wishes are up-to-date and validly expressed.