This article looks at the differences between a Power of Attorney and a Guardianship Order, and when it would be appropriate to put either in place.
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Latest articles from Jocelyn Gilda
World Alzheimer's Month September 2020 - how a Power of Attorney can assist in dealing with the impact of dementia
Today marks the start of World Alzheimer's Month with World Alzheimer's Day falling on 21 September. The campaign seeks to raise awareness and tackle the stigma that surrounds dementia. The law has a part to play for families affected by dementia, and is able to provide a level of clarity and certainty during what is an extremely difficult and uncertain time.
A recent case concerned the duties of an executor towards potential creditors of a deceased's estate where the creditors were the potential victims of the deceased. If there is a reasonable prospect of there being claims against the estate, present or future, the executors should apply to the court for direction on the steps to be taken to shed light on such claims and the claimants.
It's a common misconception that cohabiting couples have similar rights to married couples on death. Although there are some rights in place for a cohabitant in Scotland, their succession rights are in fact very limited. A cohabitant's claim can only be brought on intestacy (where there is no Will) and it must be within six months of death.
While individuals automatically seek support and treatment from medical practitioners and specialist organisations, the law is able to provide a level of clarity and certainty during what is an extremely difficult and uncertain time. Lawyers are able to put in place a strategy to protect both the individual's wellbeing and assets throughout the duration of their illness.