family law dundee power of attorney

Power of Attorney Lawyer Dundee

power of attorney dundeeHave you ever wondered who would look after you if you were unable lot do so yourself? If you have, then a Power of Attorney may be precisely what you need. It is an immensely practical and useful tool that allows you to appoint someone to act as your Attorney, removing the stress and anxiety that would be caused by your having no one to help you after developing a severe illness or coping with the trials of advanced age.

What is ‘Power of Attorney’?

Power of Attorney is a kind of relationship between the person who is seeking to appoint an Attorney and the person who is chosen (and agrees) to take on the responsibility of being an Attorney. If you grant Power of Attorney to someone, you are in effect giving instructions that if a certain event should happen, that impacts on your ability to look after yourself, then your Attorney will have responsibility for catering for your needs.

A Power of Attorney is used in many different circumstances, most common among these are where someone is particularly frail owing to old age or suffers a severe illness or accident that means they are unable to make decisions in respect of their own care or finances. It is vital to understand that a Power of Attorney is not designed to usurp independence from anyone. It is designed to support you, and help you to live your life as you choose.

How much responsibility would my Attorney have?

If you are creating a Power of Attorney then, as the ‘granter’, you will decide how much responsibility you want your Attorney to have in respect of your care. This will determine the kind of Power of Attorney that you ultimately use. There are two different kinds of Power of Attorney:

1. Welfare Power of Attorney

A Welfare Power of Attorney is specifically designed for you to identify someone that you trust to make decisions for you in respect of your wellbeing and healthcare. It is important to understand that your Attorney would not automatically have responsibility for you. They will only begin acting as your Attorney when it becomes clear that you are no longer capable of making your own decisions for your welfare.

2. Financial Power of Attorney

A Financial Power of Attorney is specifically designed to allocate responsibility for financial decisions, i.e. decisions in respect of how money should be paid or used. It is important for a Financial Power of Attorney to be drafted in very clear terms: you must specify in as much detail as possible how and when your money should be used. This affords you maximum control, and prevents your money from being used contrary to your instructions.

Depending on your circumstances, you may wish to consider allocating both financial and welfare responsibility to your Attorney through a ‘Combined Power of Attorney’.

Regardless as to the kind of Power of Attorney that you use, the point is that you have complete control over which one you use, and how and when they will come into affect.

Speak to Family Law Dundee for Power of Attorney advice

Family Law Dundee specialise in providing advice on all aspects of family law in Scotland. We routinely work with clients that are considering making use of Power of Attorney, and work in partnership with them to address any concerns that they have. Our many years of experience of advising on Powers of Attorney has afforded us considerable insight into our clients needs, and we aim to meet these by providing legal advice that is both comprehensive and practical.

Call us on +44 1382 229222 or contact us online.

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