Power Of Attorney Solicitors Elgin
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Power of Attorney In Elgin & Morayshire
Our Power of Attorney Solicitors in Elgin, Moray regularly advise and prepare various types of Power of Attorney.
What is a Power of Attorney?
A Power of Attorney is a document that empowers someone else to act on your behalf for a particular reason or purpose. The Power of Attorney lists the names of the people you want to help you (also known as attorneys) and exactly what individual powers they have.
You can appoint anyone to be a power of attorney, as long as they are over the age of 16. These can be family members, close friends, solicitors, accountants or anyone else that you trust.
Types of Power of Attorney in Scotland?
Documents can range from a simple Power of Attorney for a specific reason (i.e. spouse in favour of spouse in connection with signing documents in a house sale) or setting up a registered Continuing and Welfare Power of Attorney with the Office of The Public Guardian, which is frequently associated with the more elderly or infirm, but in actual fact can be a very useful document for a wide variety of clients. We can tailor your Power of Attorney to meet your specific needs.
Get in touch today to discuss your options with our team.
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 Elgin office on 01343 542623
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.
If you do not have a Power of Attorney and lose capacity, it could result in a timely and costly court action to appoint a Guardian. The choice of who looks after you and your affairs will be taken out of your hands and determined by the Court. In some circumstances, a Guardianship Order can cost up to 10 times the cost of a Power of Attorney.
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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