Let’s have that conversation about why everyone should have a Power of Attorney!

We can present statistics, production efficiency models, delivery times and accurate numbers of this and that as much as we like, but for each and every one of us the twists and turns of life remain unpredictable apart from the inevitability of eventual death.

Many people understand the need to have a Will but fail to recognise the importance of having a Power of Attorney in place. Let me put it simply, a Will covers a deceased person’s wishes whereas a Power of Attorney is for the living. In short, a Power of Attorney is a legal document which gives another person authority to act and make decisions on your behalf if you become unable to do so.

A  popular misconception is that Powers of Attorney are only for the older generation with conditions such as dementia becoming increasingly common. Indubitably all elderly people should grant a Power of Attorney in favour of a trusted friend or family member to manage their affairs if they were to lose capacity. But Powers of Attorney are not just for our respected older citizens; they are for anyone over the age of 16 in Scotland. An accident or illness could happen at any time causing you to lose the capacity to act on your own behalf and unless you have a Power of Attorney in place nobody has the power to act for you, not even your immediate family, causing potential difficult problems with banks, healthcare providers and other organisations.

If a Power of Attorney is not in place and you lose capacity then application may need to be made to court to give others the legal authority to deal with your affairs, an avoidable, time consuming and expensive procedure.

So we must talk about Powers of Attorney. Whilst making a Power of Attorney may be considered solely a pragmatic, legal move to grant peace of mind, I am fully aware of the emotive issues surrounding such instructions. Who would be the best Attorney? Will other members of my family be upset about my choice of Attorney? Will I be giving up my independence of thought too soon? Can I revoke the Power of Attorney at any time?

We are here to have that important conversation whenever you want. Please just call and ask to speak to Kathryn Bready on 0141 552 3422 or email kb@mitchells-roberton.co.uk

This entry was posted in Legal and tagged , , , by Kathryn Bready. Bookmark the permalink.

About Kathryn Bready

Kathryn graduated from the University of Glasgow in 2005 with an Honours Degree in Law with Italian Language, having spent one year of her studies as an ERASMUS student at the University of Bologna in Italy. She then undertook her Diploma in Legal Practice at the University of Dundee. Kathryn joined Mitchells Roberton as a trainee in 2007 and has been with the firm ever since. She works in the private client department specialising in succession issues, the administration of trusts and executries and managing the financial affairs of adults with incapacity. Kathryn expertly prepares Wills and Powers of Attorney. She is entirely client focused being consistently aware that she may be dealing with clients who are fragile due to a bereavement or other tragic circumstances. Kathryn also assists in the firm’s business development. Kathryn is part of a close extended family, enjoys socialising with family and friends and travelling. Kathryn used to sing in a band but decided to progress with her legal career rather than audition for X factor.

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