3 Reasons Why You Need a Power of Attorney in Scotland
If you are seriously injured in an accident, or diagnosed with an illness, you may become unable to make rational decisions about your health and finances. Having a Power of Attorney in place means that decisions can be made on your behalf immediately by someone you trust. Watermans Private Client solicitors list their top three reasons for needing a Power of Attorney in Scotland.
A Power of Attorney gives you control over your future
It’s not nice to think about, and hopefully it will never happen to you – but there may come a time when you lose the mental capacity to care for yourself and your assets properly.
We associate losing capacity with “getting older”, but a change in your ability to make informed decisions can happen to people of all ages. Being involved in a serious accident, or receiving a diagnosis for a debilitating illness can affect your ability to care for yourself quite suddenly.
If you have granted a Power of Attorney, you will already have a plan in place for unfortunate and abrupt circumstances like these. The people you choose as your attorneys will legally be able to make decisions about your health, welfare and/or finances, without having to apply to the Court.
Having a Power of Attorney makes it easier for your loved ones to look after you
If you don’t have a Power of Attorney set up, your loved ones will have to apply to the Sheriff Court to legally make decisions on your behalf. They will also need to apply to the court to access your finances if money is needed to pay for your care.
This process can be time-consuming and expensive – and can cause further stress for your loved ones, who are already worried about you and your welfare. Similarly, legally naming someone as your attorney can also reduce the chance of conflict between family members, who may disagree on decisions regarding your health and welfare.
You need a Power of Attorney so that decisions are made by you (and no one else)
Importantly, by appointing someone that you know and trust as your attorney, you can ensure that any decisions regarding your health or finances will be made by someone that you want to make them. If you lose capacity in your lifetime and don’t have a Power of Attorney in place, the Sheriff Court will appoint someone of their choosing. This may not be the person you would have wanted to oversee important decisions about you and your care, or have access to your finances.
Setting up a Power of Attorney in Scotland
Watermans dedicated Private Client solicitors are experts in setting up Powers of Attorney in Scotland. We offer straightforward legal advice, so that you are confident in the decisions you are making when planning for your future. Find out more about what a Power of Attorney is.
To arrange your appointment, call our team on 0131 555 7055, or get in touch by filling out the form below.