Powers of Attorney
Having a power of attorney in place protects you against life's uncertainties.
If you have suffered serious illness, injury or simply feel you can no longer continue to look after your affairs, it may be necessary to have someone act for you to make decisions on your behalf or to sign documents for you. You can appoint an attorney to look after your best interests during your lifetime. On death the attorney falls away to be replaced by the executors named in your will.
There are two types of attorney that you can appoint:
- A 'continuing' attorney, who deals with your financial affairs;
- A 'welfare' attorney, who looks after your welfare needs, such as long-term care.
In many cases clients appoint both continuing and welfare attorneys, although it does not have to be the same individual acting in both situations. Without an attorney in place on your death then those closest to you will have to petition the Court to have a guardian appointed to look after your affairs - a time-consuming and costly process.
Whatever your situation may be, our team of experienced practitioners is available to advise if a power of attorney is appropriate and to discuss the types of power available. Our team can also advise on the alternatives available where power is required to act on behalf of someone who already lacks capacity and cannot grant a power of attorney.
Click here to download our briefing note on powers of attorney.
Key Contacts
© copyright Brodies LLP 2012
