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Power of Attorney Lawyers, Aberdeen

Most people are aware that it is advisable to have a will in place, but many people overlook the fact that a Power of Attorney can be just as important when planning for the future. You can choose which powers you want to pass to an Attorney and can select who you want to act as your Attorney.

For expert advice, please complete our online enquiry form today or call us on 01224 515591.

What is a Power of Attorney?

A Power of Attorney is a legal document that allows another person to make decisions on your behalf if you are unable to do so as a result of a temporary or permanent loss of capacity. This loss of capacity could be a result of ageing, illness or disability. A Power of Attorney can also be used in situations when you are temporarily unable to make decisions for yourself, perhaps because you have been in an accident or are outside of the country.

Welfare Power of Attorney

A Welfare Power of Attorney gives your attorney the authority to make welfare decisions on your behalf, such as health or personal matters. Welfare powers can only come into force when the Power of Attorney has been registered with the Office of the Public Guardian and the person has lost capacity to make the decisions to which the powers apply.

Continuing Power of Attorney

A Continuing Power of Attorney authorises your Attorney to deal with your money and/ or property. These powers can be used by your attorney as soon as the Power of Attorney is registered with the Office of the Public Guardian.

Combined Power of Attorney

Most people opt for a Combined Power of Attorney which includes both financial and welfare powers.

Who can be appointed as an Attorney?

You can choose who you would like to act as your Attorney, should you become unable to act for yourself in the future. It is important to appoint someone you trust and believe has the skills and ability to make decisions on your behalf.

You can appoint more than one person. People most commonly appoint a spouse, child, family member as their Attorney but it could be anyone else who you trust. You can also select a professional such as a solicitor as your Attorney.

The people you appoint must be over the age of 16.

What happens if there is no POA in place?

If someone loses capacity to take care of their own affairs and does not have a Power of Attorney in place, then the family of the person may have to try to apply for a Guardianship Order.

However, this is a much more complex process than applying for a Power of Attorney and involves getting medical reports and a court order. This can add unnecessary costs and stress to a family at what may already be a difficult time.

Contact Power of Attorney Lawyers Aberdeen

We are here to help. You can contact our Aberdeen based team by filling in our online enquiry form or calling us. Please complete our online enquiry form today or call us on 01224 515591.

Enquire now

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