Powers of Attorney

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Will Services Scotland joined the Wallace Quinn family in 2021.

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Nominating a Power of Attorney

If a Will is one of the most important documents you can create for when the inevitable happens, a Power of Attorney is one of the most important documents you can create for when the unexpected happens.

There are a whole host of reasons – both temporary and permanent – which may mean there is a time when you are unable to manage your own affairs.

You can plan for this now by nominating a trusted family member, friend or advocate to act on your behalf should the need ever arise. The mechanism for this is called a Power of Attorney.

A power of Attorney can be envoked if

You are unable to sign important documents because you are, for example, overseas and trying to purchase a home
You develop a temporary condition and later recover. On your recover, the PoA will become dormant and you will resume control of your affairs
You develop a permanently debilitating condition such as Alzheimer’s and it advances to the stage where you are unable to make your own decisions.

What happens if I don’t have a Power of Attorney in place

Without one, your family would have to apply through the courts for a financial guardianship order or an intervention order if you were incapacitated. There is no other mechanism. Without a Power of Attorney, your partner or children would be breaking the law if they accessed money or acted on your behalf. Applying for a guardianship or intervention order is complicated, but we are here to help guide you through the process and act on your behalf with the court. Click here to find out more about Guardianship Orders (link to guardianship page

When should I write a Power of Attorney.

Now, while a medical doctor or solicitor can agree that you are of sound mind at the time of signing. If you are unsure, seek advice as soon as possible. Once the document is registered with authorities, it is there and ready to be used should the need arise, or you can revoke or change it as you wish.

To put a Power of Attorney in place, a medical doctor or solicitor has to agree that you are of sound mind at the time of signing. However once signed, the document is there and ready to be used should the need arise.

In this podcast, Wallace Quinn solicitors James Reid and John Quinn answer questions about Powers of Attorney

If you would like to discuss a Power of Attorney, get in touch using the form below

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