Wills & Power of Attorney in Scotland: Protect Your Future
As we prepare for a new season, and approach the final months of the year, now is the perfect time to put your affairs in order and ensure your wishes are clear and difficult decisions are made easier in the event of illness, incapacity or death.
Despite their importance, Wills and Powers of Attorney in Scotland are often delayed or overlooked.
Whether you’re starting from scratch or revisiting existing deeds, reviewing these can bring peace of mind and clarity – not just for you, but for your loved ones as well.
Power of Attorney in Scotland
A Power of Attorney is a legal document giving someone else authority to act on your behalf, should you be unable to do so. You can grant your Attorney (or Attorneys – it is preferable to include more than one or, at least, include a substitute) financial powers only, welfare powers only or a combination of both.
You can appoint anyone over the age of 16 to be your Attorney. Your Attorney should be someone you trust completely and believe will act for your benefit. You can appoint more than one Attorney, as well as having different Attorney(s) for financial and welfare matters.
Everyone should have a Power of Attorney in place. The Power of Attorney deed would not come into effect until it is required (which may of course be never).
Should you lose capacity to make decisions on your own behalf and do not have a Power of Attorney in place, your family/ friends would need to apply to the Court for a Guardianship order to give them authority to make decisions about your care and to deal with your finances. Contrary to popular belief, should you lose capacity for any reason and are unable to attend to your own affairs, your family cannot simply step in and take control for you.
Will Preparation Scotland
It’s a common misconception that Wills are only for the elderly or those with valuable assets. Should you die intestate (without a Will) the laws in Scotland will determine how your estate will be distributed and your assets may not be directed where you think!
Without a Will your family may face added stress, confusion and even conflict when trying to manage your estate. Often the additional costs associated with administering an intestate estate end up being far greater than the cost of preparing a Will in the first place.
Preparing a Will and Power of Attorney may feel daunting, but with the right help it can be a simple process. If you have been putting it off, consider this your sign to take action!
Secure Your Future: Will and Power of Attorney Advice in Scotland
Taking the time to prepare a Will in Scotland and set up a Power of Attorney in Scotland is one of the most important steps you can take to protect yourself and your loved ones. Whether you are in Glasgow, Edinburgh, or elsewhere in Scotland, our experienced Private Client Solicitors are here to guide you through the process with confidence.
Contact our Private Client Team in Scotland today to discuss your Will preparation and Power of Attorney needs and take control of your future with peace of mind.
