Power of Attorney Lawyers Paisley

Legal tools exist that can help us deal with the consequences of ourselves or a loved one being incapable of making decisions about finances and care. Both a Power of Attorney and Guardianship enable another person to act and make decisions on someone else’s behalf. At Hunter & Robertson, our experienced private client team can help, whether you’re wanting to prepare for a future when you need to substantially rely on others, or would like to be more involved in the care of a loved one or friend who is unable to look after themselves.

Power of Attorney in Scotland

A Power of Attorney is a legal document that allows you to appoint someone to look after your interests should you be unable to do so. Within a Power of Attorney, you appoint someone whom you trust to make decisions on your behalf in respect of certain financial and/or welfare matters you have specified.

A Power of Attorney is particularly important in respect of future welfare. Rather than having the social work department make decisions about our care, accommodation, diet, treatment, etc., it allows us to appoint a trusted family member or close friend who has experience and knowledge of our preferences.

In cases where an individual loses capacity while still owning a house or investments and no properly prepared Power of Attorney is in place, the only alternative left to the individual’s family is to petition the court for the appointment of a Guardian. This is a complicated, cumbersome and expensive process, and while our private client team can assist clients in this regard, it is our advice that the preparation of a Power of Attorney as a precautionary measure is greatly to be preferred.

Power of Attorney Solicitors Paisley, Scotland

It is important to stress that a Power of Attorney can only be signed and granted while the granter retains full capacity. Accordingly, it is never too early to ask for expert legal assistance in preparation of a Power of Attorney. Provided the document is valid, it will only come into effect, authorising and empowering your Attorney to manage your affairs, at a time you decide, either immediately, at a later date or at a future point if it becomes clear that you lack capacity. You also retain the power to revoke a Power of Attorney as long as you have capacity.

Our private client team looks after the affairs of many clients in circumstances where the timely signing of a Power of Attorney has ensured the smooth continuation of their financial and business affairs, including management of investments, payment of bills and processing of tax returns. We also regularly help clients prepare a Welfare Power of Attorney that guards against the possibility of abuse and may reduce the risk of conflict between family members at a later stage.

Contact our Power of Attorney Solicitors Paisley 

If you live in Paisley, Linwood, Renfrew, Houston, Johnstone, Dalry, Bridge of Weir, Elderslie or another surrounding area please contact one of our private client solicitors – John Armit, William Hill, Steven Millar or Stuart Gibson by calling 0141 530 4405 or filling out our online contact form. 

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