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Powers of Attorney

The articles listed below on the Grigor & Young Website cover aspects of the law relating to powers of attorney in Scotland and give practical advice about this area of law.

With Power of Attorney the future is in your hands

16/08/2019 Filed Under: Powers of Attorney

On one afternoon recently, we had 2 calls from people who wanted to discuss “the accident that I had recently”.

Both put the phone down when our receptionist asked them if they realised that they were calling a firm of solicitors.

Nobody likes getting a cold call.

The cold callers hoped to take something off the hands of the person answering the phone – a personal injury claim – and in an unsolicited fashion. In this article, we hope to persuade you (gently) that, with Power of Attorney, the future is in your hands. (And you found this article; we did not hunt you down like a cold caller would).

Yes, a power of attorney involves an element of giving up powers and responsibilities to others but it allows that to happen in a planned and controlled way.

Did you know that one in fourteen of us will develop dementia at some point in the future?

This loss of capacity is likely to result in a person being hospitalised at some point.

Did you know that, without power of attorney, you cannot act for your husband, wife, mother, father, or anyone else, should they lose capacity?

[Read more…]

When you need a Power of Attorney or Will urgently

14/03/2018 Filed Under: Making a Will, Powers of Attorney, Wills Executries & Trusts

It is human nature to put off making a will.

Perhaps it’s because making one is finally admitting we are mortal and one day will die. However, it has been proven that putting off this decision doesn’t make any difference to your life expectancy.

Making a will earlier, in a planned manner and without any family pressures means you can prepare better for the future. Once you have made a will, amending it as you grow older is much less daunting.

The process is easy.

You need to sit down and plan how you want to distribute everything you own (or may own) when you die. If you prepare a will then your estate will, to a large extent, be distributed in the way you want and not in the way that might happen without a will. (For more about what happens if there is not a will in place, see the Prior Rights page on this website).

Sometimes it is necessary to make a will urgently.

This may be because of some sudden change in your personal circumstances. If it is urgent, your solicitor will attend at a hospital or your home to take instructions and will return to see you to make sure your will is properly signed. [Read more…]

How Best to Protect Yourself Against the Risk of Developing Alzheimer’s

21/06/2017 Filed Under: Adults with Incapacity, Guardianship Orders, Powers of Attorney

If the question is whether we would like to live to be at least 80 years old, most people’s answer would be “yes”.

That’s certainly the response neuroscientist and novelist, Lisa Genova, received from the TED conference audience she asked in April 2017. We all have a hopeful expectation of living into old age.

Lisa then asked her audience to project themselves into their futures and imagine that everyone in the room is 85 years old.

In that scenario, every second person probably has Alzheimer’s dementia. And, if you take the view that “I won’t be one of the ones with Alzheimer’s”, well, you’re still potentially affected by it – as a carer for someone with the condition.

So, on one view, this scary and upsetting disease is unlikely be avoidable for any of us.

On the other hand, given that Lisa’s talk is entitled “What you can do to prevent Alzheimer’s”, it’s a relief to know that the remainder of what she says is devoted to explaining why we are not powerless in the face of Alzheimer’s. Why it’s not the case that Alzheimer’s is our brain’s inevitable fate, if we are fortunate to live long enough. [Read more…]

Why you might need a power of attorney

14/11/2016 Filed Under: Adults with Incapacity, Powers of Attorney

A Law Society of Scotland video provides an explanation of the importance and benefits of creating a power of attorney with the help of a Scottish solicitor.

If you or a loved one want to give someone you trust permission to make decisions about your money and property (or health and personal welfare), a solicitor can help you to create a power of attorney.

A power of attorney is a document which allows you to nominate someone else to take care of your affairs in the event that you are unable to do so yourself.

There are 2 types of power of attorney.

The first kind is called a “continuing” power of attorney. It permits the nominated person to take care of your money and property.

The second type is a “welfare” power of attorney. It covers matters related to your health and personal welfare.

Why should you consider having a power of attorney?

It’s something we should all consider because it provides real peace of mind in a variety of situations. [Read more…]

Why Every Adult Should Have A Power Of Attorney

30/01/2015 Filed Under: Powers of Attorney, Wills Executries & Trusts Tagged With: ,

We know about the importance of having a Will if you die, but what about if you lose mental capacity? – say, if you have a stroke or an accident.

When a relative loses mental capacity, it can be an awkward business organising their finances.

It’s an issue which The Martin Lewis Money Show (ITV, 23 January 2015) has tackled.

His emphasis was on England and Wales but the lessons to be learned are equally applicable in Scotland. [Read more…]