Power of Attorney & Incapacity

At some point in the future, it may become difficult or even impossible for you to look after and manage your own affairs.

It may be that you have lost mental capacity, or have simply reached a stage in your life where you would rather someone else took on the responsibility of looking after your day-to-day finances.

At Aberdein Considine, we have specialist lawyers who can guide you in the right direction.

A Power of Attorney (POA) allows you to pre-emptively appoint trusted family members, friends or a professional adviser as your attorney, to make financial or welfare decisions on your behalf should you become unable to do so personally. In the case of financial decisions, even if you are capable, it may just be more convenient and helpful for your attorneys to handle such matters for you.

A POA can be drafted quickly and cost-effectively to reflect your individual circumstances and wishes, whilst also being flexible enough to make certain that your trusted attorney is able to deal with any conceivable scenario.

Guardianships

Should you lose mental capacity, it will no longer be possible for you to grant a POA.

If that happens, then it may be necessary for an application to be made to the courts to have someone appointed as your financial or welfare guardian. Our court lawyers can help you take control of the affairs of a loved one, should that be necessary, by guiding you through the court process of obtaining an intervention or guardianship order.

Acting as a financial guardian can be burdensome and time-consuming, and in some instances it is preferable to have a professional acting as financial guardian – a role one of our Private Client solicitors could undertake.

Living wills

Advance medical directives (or AMD) are often referred to as ‘living wills’. An AMD records any wishes you may have regarding medical treatment you may or may not wish to have in the future.

An AMD can also provide invaluable guidance to family and medical professionals at a time when you are no longer able to express your wishes.

Our lawyers can assist you with the drafting of an AMD to ensure that your wishes are given effect.

This service is available to clients in Scotland only