Power of Attorney

The law presumes that we are all able to look after our own affairs – and usually we are. However, sometimes the ability to conduct our own affairs - or “legal capacity” as it is known, is lost. This can happen through illness, injury or simply as a result of old age. When this happens, it can be hard on our loved ones as well as on us. Fortunately, there is a way to appoint a trusted loved one to manage your affairs on your behalf.

Writing a power of attorney

We can use a legal document known as a ‘Power Of Attorney’ to allow a loved one to manage our affairs for us. A Power of Attorney can only be completed whilst you still have legal capacity, which is why it is imperative to act as soon as possible. A Power of Attorney grants a loved one or a professional (sometimes a solicitor) the power to conduct your affairs. However, they appointed person – the ‘attorney’ can only act in your interests and in accordance with the powers contained in the document.

There are three types of power of attorney recognised in Scotland:

Simple power of attorney.

Used in cases of temporary incapacity

Continuing power of attorney

Allows management of financial decisions such as those relating to property and money

Welfare power of attorney

Allows the making of decisions relating to care and welfare, as the name suggests.

A different person can be appointed to each role, if required.

Power of Attorney will only become active when you lose the capacity to act for yourself. As such, it’s something we hope we never need, like an insurance policy for instance, but its far better to be safe than sorry. Without a power of attorney in place, your loved ones may have to resort to expensive, stressful and time-consuming court action to be granted the power to manage your affairs – yet this is a situation that is easily avoided.

Power of Attorney Lawyers Glasgow

If you would like to put in place a power of attorney, call us now. The sooner this is done, the better. Call us on 0141 647 9851 or click here

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Office locations

Rutherglen

Carr Berman Crichton Solicitors,
90 Main Street,
Rutherglen
Glasgow,
G73 2HZ

t: 0141 647 9851
f: 0141 643 2171
e: This email address is being protected from spambots. You need JavaScript enabled to view it.

City Centre

Carr Berman Crichton Solicitors,
97-99 West Regent Street,
Glasgow,
G2 2BA

t: 0141 647 9851
f: 0141 643 2171
e: This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.

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