Expert Advice to Prepare for your Future
Having a power of attorney in place can be an important step in planning for the future. Doing so establishes safeguards in the event that you are no longer able to manage your affairs yourself due to mental or physical incapacity. While we all hope that we will never find ourselves in this position, a power of attorney allows you to identify the people that you would prefer to make these decisions on your behalf if you need help to do so in the future.
The power of attorney solicitors at Masson Cairns can provide clear, compassionate advice if you are considering making a power of attorney. Our friendly and professional lawyers are highly skilled on all private client matters and can offer simple, straightforward guidance to help you make the choices that are right for you.
Speak with one of our power of attorney solicitors today to find out how we can help.
A power of attorney (PoA) is a legal document that can be used to give someone else the authority to make important decisions on your behalf if you are no longer able to or to support you to make these decisions. These are decisions that relate to your personal affairs and may concern your finances, your property and your welfare.
The person who gives the powers is known as the granter. The person who is given the powers to make decisions is called the attorney. Having a PoA allows you to identify a person that knows you and what is important to you that you trust to make these decisions for you. It also allows you to make sure that your attorney has all the information they need about your opinions and views should they need to act on your behalf.
There are primarily two different types of PoA, although in most cases it can be wise to combine the two.
A Continuing Power of Attorney enables you to appoint someone to look after your property and to manage your financial affairs. You can choose whether this has effect immediately or whether it will only be used when you can no longer make decisions for yourself. If you still have the capacity to make decisions, your attorney's role will be to support you in doing this.
A Welfare Power of Attorney covers decisions about your health and welfare. This will only be effective if you cannot make these decisions yourself and can include choices about where you live and what medical treatments you receive.
Why apply for Guardianship? The application may be made because the person is struggling to make decisions or because they cannot safeguard their property or finances. It may be because there is a conflict between the adult and their carers about what care is needed, or where they need to live. Or it may be because carers or relatives want to have a central role in all decisions being made for the person who lacks capacity.
Guardianship applications fall within the scope of the Adults with Incapacity (Scotland) Act 2000. Through working closely with carers we can advise you on the types of guardianship available, how long the appointment lasts for, the duties of a guardian and most importantly how to be appointed.
Our solicitors are locally based based in Grantown-on-Spey & Inverness serving the Highlands and Scotland and regularly advise clients throughout the Spey Valley, the Cairngorms and across the Highlands. We have over 40 years of experience delivering legal advice that is uniquely tailored to meet your requirements as part of our client-focused approach. Whatever your business with us, we will always keep you up to date with any developments and our approachable team are on hand to answer any questions you may have quickly and efficiently.
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