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Powers of Attorney

What is a Power of Attorney

A Power of Attorney in Scotland is a document in which you appoint another person or persons to act, or make decisions on your behalf in the event that you cannot do so yourself. Under Scots Law, a Power of Attorney allows the Attorney (the person you have appointed) to look after your affairs in the way that you would have done had you been able. 

Different Types of Powers of Attorney

There are 3 different types of Power of Attorney:-

  • Continuing (Financial) Power of Attorney which concerns financial matters.
  • Welfare Power of Attorney which concerns welfare decisions. This includes decisions regarding medical care.
  • Combined Power of Attorney- this concerns both financial and welfare matters.

Financial Powers of Attorney or Continuing Powers of Attorney allow your Attorney to deal with your financial and business affairs, for example paying bills or dealing with the selling of your house.

Under Scots Law, Welfare Powers of Attorney allow your Attorney to make welfare and healthcare decisions on your behalf , for example, arranging nursing home care or consenting to medical treatment. These powers can only come into effect if you are incapable of making these decisions yourself.

Combined Powers of Attorney include both Financial and Welfare Powers.

Who should I appoint as my Attorney?

Most importantly you should appoint someone you trust and someone who you think will be aware of your wishes and how you would like matters to be carried out on your behalf. Most people appoint family members, but it is also possible to appoint a professional person such as a Solicitor.

Why should I have a Power of Attorney

A Power of Attorney ensures that even if you can no longer make decisions for yourself there is a trusted person able to make these decisions on your behalf.

There may be cost benefits available as well.

The cost of a Power of Attorney is only a few hundred pounds. If however you did not have a Power of Attorney in place and you came mentally incapacitated, it would no longer be possible to grant a Power of Attorney and the Court would need to appoint a Guardian to look after your affairs.

This is a considerably more costly, complicated and lengthy process than granting a Power of Attorney.

Granting a Power of Attorney could be compared to taking out an Insurance Policy, so that you can be sure that your affairs will be looked after by a trusted person in the event that you cannot do so yourself.

Contact our specialist Power of Attorney Lawyers

At Dallas McMillan we understand that the prospect of making decisions about life-long care and delegating the responsibility for it to someone else can be overwhelming. We also understand the importance of delivering clear and comprehensive legal advice that is tailored to meet client needs.

Our specialist private client team have vast experience of advising clients on Powers of Attorney. If you would like to speak to one of our team, contact us now on 01413336750.

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