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Power of Attorney

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A Power of Attorney is a legal document which allows someone to make decisions or act on your behalf if you are no longer able or want to.

The Attorney is legally required to act in the best interests of the person who has signed the document.

Types of Power of Attorney

Ordinary Power of Attorney - Whether it is simply a matter of convenience or because you want someone else to deal with matters. This could be the case, for example, while you are abroad, in the hospital or want someone else to act on your behalf.

Lasting Power of Attorney - This Power of Attorney is perfect for making sure you are covered in the future. It will only come into effect should you lose mental capacity, or if you decide you no longer want to make decisions for yourself.

Without a Power of Attorney in place, financial matters such as pensions, bills, investments, tax, and bank accounts would be "frozen".

Physical incapacity arising from accident or injury can lead to the same difficulties.

You may also have a Welfare Power of Attorney. Like the LPA, it cannot take effect unless you become mentally incapable. It allows the Welfare Attorney to decide and arrange for all aspects of personal welfare. This includes where you will live, what personal care should be in place, what you will do, and even if necessary what you will eat or wear. It would also take into account social and cultural activities. The Welfare Attorney may consent to medical treatment.

Who should be an Attorney?

Someone whom you can rely on. It can be a member of your family, or a solicitor, or sometimes both acting together.

What other effects does it have?

It takes nothing away from your own right to deal with your own money or personal welfare. It merely gives rights to another person.

The actions of the Attorney are binding on you, and they must give you full details of everything done for you. You can withdraw the power at any time in writing.

How can Blackadders help?

A Power of Attorney has to be entered into carefully, with proper advice. If you wish to ask us for some help, please call our family law solicitors to arrange a meeting. Our expert power of attorney team can give you advice that takes account of Service Life and its problems.

Blackadders LLP is registered with the Law Society of Scotland. The Law Society of Scotland has introduced guidelines to improve price transparency for legal services in Scotland. See our guide to Power of Attorney pricing