Power of Attorney Scotland
As a Nation we are living longer and this brings with it an increasing need to anticipate and plan for the effects of old age.
However, we don’t just recommend Powers of Attorney to our elderly clients, we recommend them to all of our clients, whatever their age. Put simply, you never know what might be right around the corner.
Ask us a question?
Power of Attorney Solicitors Glasgow, Scotland
A Power of Attorney is like an insurance policy; you hope it will never be needed but if it is it will make your life and the lives of your loved ones much easier and less expensive than it would be otherwise.
Read on for more information or call our specialist solicitors in Glasgow, Scotland, on 0141 248 3456.
Why bother with a Power of Attorney?
At any time of life circumstances can arise that make it impossible for you to deal with your own legal or personal affairs. It is not only the increasingly common diagnosis of dementia that you have to be wary of but also the risk of stroke or being hit by a car and ending up in hospital long term, perhaps even in a coma.
You want to be sure that in any such circumstances your affairs will be looked after by someone you know and trust, not someone appointed by a court.
A Power of Attorney in the UK is a document that gives authority to such a person to deal with your affairs.
A Power of Attorney has to be signed before it is needed because by the time it is needed it is too late to grant it.
You can read more about the importance of having a Power of Attorney by clicking here.
Types of Power of Attorney in Scotland
There are four types of power of attorney in Scotland:
- A simple power of attorney
- A continuing power of attorney
- A welfare power of attorney
- A combined continuing and welfare power of attorney
We can draft and implement any of these types of power of attorney for you.
Granting a Power of Attorney in Scotland
Granting a Power of Attorney in Scotland does not preclude you from doing things yourself. As long as you are legally capable of dealing with your own affairs you can continue to do so. Most people grant the Power of Attorney with a condition that it will not be effective until a doctor certifies that they are unable to deal with their own affairs. Your wishes with regard to your personal welfare, can never be overridden by your Attorney.
Appoint someone you trust absolutely. This would usually be a member or members of your family or it could be a solicitor. The advantage of the appointment of a solicitor in respect of financial affairs is that he or she will have an office administration behind them together with the experience and knowledge to deal efficiently with the administration. Fees will of course be charged for their services. For Powers of Attorney dealing with your welfare we feel that these should be granted to either members of family or very close friends. Rarely, where no one else is available, we could undertake this but we would want to discuss your own wishes for the future so that we can implement them as closely as possible.
Remember Powers of Attorney can be cancelled or changed as long as you have the capacity to do so. As long as you are legally capable of making decisions you can cancel a Power of Attorney and grant a new one, if appropriate.
The important thing to remember is that the appointments do not come into force until you want them to or until you are unable to make decisions for yourself.
So making a Power of Attorney now can be seen as an insurance policy against someone you would prefer not to be involved being appointed by a court to take charge of your affairs and the not inconsiderable costs that would arise from that.
Based in Glasgow, Scotland, we help people across Scotland to implement a Power of Attorney.
Contact our Expert Power of Attorney Solicitors in Glasgow, Scotland.
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 or to discuss any questions you may have before going ahead.
