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A Power of Attorney is a written document authorising someone, chosen by you, to make decisions and act on your behalf. This can be done at any time. It ensures that your affairs can be looked after if you suffer physical or mental incapacity. This can be on a temporary or permanent basis.
By signing a Power of Attorney in favour of someone you trust, you can make arrangements for them to have control over your property and finances and also, if you do lose capacity, over your general welfare and everything which that entails.
Once a Power of Attorney is completed and registered, it is available for use at the relevant time. If in the form of a Continuing or Welfare Power of Attorney, it will last throughout your life, provided those appointed are willing and able to act. As long as you are able, you can cancel or adjust your Power of Attorney at at any time.
Please note, if you do suffer incapacity and no Power of Attorney is in place, your family/loved ones may need to make an application to the Court for power to deal with matters. Most people are of the view that making an application to the Court can be awkward, time consuming and stressful and is best to be avoided.
Alpin Stewart | PartnerBorn and raised in Inverness, Alpin studied at Edinburgh University where he graduated LLB (Hons) (Law and Celtic) in 1988. He trained in Portree and over the intervening years has practiced there, in Kyle of Lochalsh and in Dingwall. In 2010, he and Jill Miller established the firm of George Street Law.
Chris Allan | AssociateChris completed his first Degree in Anatomical Science at the University of Dundee before returning to his hometown to study Law at the University of Glasgow. He trained at Mitchells Roberton, the oldest law firm in Glasgow, before commencing a career in civil litigation with other local law firms, most recently...