What is a Power of Attorney?
A Power of Attorney allows an appointed person to make decisions for you should you no longer be able or willing to do so yourself. With this in place, your chosen loved one or close friend can help make decisions for you about money, health or both.
There are three types of Power of Attorney available: Continuing Power of Attorney, Welfare Power of Attorney and Combined Power of Attorney. Our Private Client team can advise you on the right Power of Attorney for your needs.
It can be set up while you’re still willing and able to make your own decisions, only becoming ‘active’ when you decide—via your solicitor or following medical advice.
Note, Powers of Attorney can only be registered by a solicitor or medical professional.
Why do I need a Power of Attorney?
Should you become unable to make your own decisions through illness, an accident, or getting older, you’d need someone to make them for you.
Without a Power of Attorney in place, your family or friends have no authority to access your bank accounts or make decisions on your healthcare. This can be costly, stressful, and time-consuming for your loved ones.
In the absence of a suitable Power of Attorney, they’d have to petition the court for a Guardianship Order. Often a drawn-out, expensive process, it’s the thing everyone needs during such a difficult time.
A Power of Attorney neatly avoids this issue.
If circumstances change, and the person you appointed can’t fulfil their duties, we’ll them find suitable alternatives.
Should you have a relative unable to comprehend their affairs, please contact us as soon as you can.
Expert assistance with Powers of Attorney
Our experienced and personable Private Client team, based in Edinburgh and Glasgow, can help you in ensuring that you have put in place a suitable Power of Attorney to allow your loved ones to assist should you ever be unable to manage your own affairs.
How we can help you:
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Face-to-face or online meetings with our estate planning specialists, to provide full advice and take your instructions
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Preparation and drafting of your Power of Attorney, and a clear and practical explanation of how it operates
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Meeting with you to sign the documents and arranging storage at Morton Fraser MacRoberts.
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Registration of the Power of Attorney with the Office of the Public Guardian if instructed by you.
As well as granting a Power of Attorney, we strongly advise that you draw up a Will. It is recommended that you have both documents in place, as your Power of Attorney will expire once you pass away. Our expert private client lawyers can advise you on all aspects of making a Will to make sure your needs and circumstances are fully met.
