Power Of Attorney Solicitors Edinburgh
- Everyone Should Have A Power Of Attorney
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Powers of Attorney Solicitors In Edinburgh
Many people assume that family members or their next of kin will be able to step in and help if they can no longer make decisions on their own. However, simply being a relation is not sufficient to allow someone to manage a loved one's financial affairs or welfare matters.
What is a Power of Attorney?
A Power of Attorney allows you to appoint someone or several people you trust to act on your behalf if you become unable to manage your affairs and make decisions about your personal health and care.
A Power of Attorney is not just a measure for older people to put in place. By making a Power of Attorney now or reviewing the terms of your existing Power of Attorney will allow you some peace of mind should your capacity by affected at any point in your life.
When is a Guardianship Order Necessary?
If someone no longer has or has limited or no capacity and does not have a Power of Attorney in place, a Guardianship Order is necessary. This is often a lengthy process and a court will decide on the most appropriate person to be appointed as a guardian(s) to act for and in the best interests of the adult with incapacity.
How can Harper Macleod Help?
Our specialist and trusted solicitors in Edinburgh can help you to decide the Power of Attorney document that is best suited to your circumstances and, where it is necessary, to prepare for a court action if a Guardianship Order is required.
We would be happy to speak to you confidentially over the phone or at our Edinburgh office next to Haymarket station.
We offer you a variety of ways to get in contact with us to suit you. If you would prefer to talk to someone straight away you can call our Edinburgh office on 0131 247 2556.
Otherwise use our form below to find out more information, make an appointment or request a call back. We will then find the right person to deal with your enquiry and get back to you as soon as possible.
Frequently asked questions about Power of Attorney
If you were to become incapacitated for any reason, such as through an accident or illness, or you are out of the country for an extended period of time, it would allow someone you have authorised to act on your behalf in financial or welfare matters, or both.
Accident and illness does not discriminate and can happen to anyone, at any time and at any age. If you are ill or in an accident, no one will automatically have the power to speak up or act for you if you do not have a Power of Attorney. This applies even to your spouse and family members and can cause stress and problems when dealing with doctors, banks and other financial institutions.
You can appoint any number of people to be your Attorney. You can appoint a spouse, a family member, a friend, your solicitor, or anyone else you trust. It can be a combination of people. It is a good idea to have more than one Attorney, or at least have a substitute in case your first named Attorney cannot act for any reason. The important issue is that YOU choose them, unlike a Guardianship Order where the Court chooses who should look after your affairs. They may choose someone you would not want to act for you.
No. The Welfare Power of Attorney only comes into effect in the event that you lose the mental capacity to make decisions for yourself, and the Continuing (financial) Power of Attorney can only be used either on your authority or if you have lost capacity and cannot act on your own behalf.
A Power of Attorney can be changed or revoked at any time as long as you still have capacity.
A Power of Attorney can be drafted and be ready for use in a matter of days, as opposed to a Guardianship Order which can take up to a year to go through the court process. A Power of Attorney is also a fraction of the cost of appointing a Guardian.
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