Powers of Attorney

Read Our Guide to Powers of Attorney in Scotland

Where someone is either temporarily incapacitated or permanently incapacitated and they need something done with their affairs there are complex legal steps to be taken (see Intervention Orders). A way of short cutting this procedure and reducing the costs would be for someone to grant a continuing Power of Attorney in favour of a trusted friend or agent. Then if incapacity strikes the appointed Attorney can step in and deal with the incapacitated party’s affairs only in that party’s interest. No court proceedings are required as long as the power of attorney has been registered with the Public Guardian when the grantor of the power has been well, and able to give instructions. The Attorney is bound to act in the best interests of the grantor and only where necessary.

We have found clients benefit hugely when they have a trusted attorney who can act even, for example, when they are abroad on holiday.

The actual powers granted to your trusted friend or family member can be as wide or as limited as you wish. For example, you may grant a Power of Attorney to effect a house sale if you are going to be abroad during the process, or you may grant very extensive powers to allow many other matters to be dealt with.

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