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Power of Attorney Guide: Family Law Glasgow



What is a Power of Attorney?

A Power of Attorney deed is a legal document that allows someone else to look after your affairs for you. It gives the Attorney (the person appointed) the ability to make certain decisions on your behalf. Such decisions may need to be taken on your behalf because you are not in a position to do so eg being outwith the country for a long time, or you have become ill and are struggling to attend to day to day matters such as making household payments.

There are two types of Powers of Attorney, a Continuing Power of Attorney (dealing with financial affairs) and a Welfare Power of Attorney (dealing with welfare matters such as your care). It is also possible for a Power of Attorney deed to be drawn up that involves both of these powers.

Who should consider setting up a Power of Attorney? In reality all adults should consider putting in place such an arrangement. It means that if a person suddenly loses capacity eg through a serious brain injury, or if mental capacity is lost due to perhaps dementia then if a continuing Power of Attorney exists your attorney ( usually a relative or close friend) can make crucial decisions on your behalf. If such a continuing Power of Attorney does not exist then a Guardianship Order would require to be obtained which requires a legal process including a court hearing and subsequent reporting to the Office of the Public Guardian.

We should all make plans to meet with all eventualities and a Power of Attorney should be drawn up by all adults, as should a will. At Family Law Glasgow we can assist with Power of Attorney deeds, wills, Guardianship Orders and we do so in a friendly and cost efficient manner. Contact us today.

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