Why a Power of Attorney is a family’s gift of love

What motivates people to make a Power of Attorney? Seeing many clients in this situation, as I do, raises that question. My opinion is that, mostly, deep down, it is love. That love is, often, hidden by my clients which is not surprising since this is a difficult and emotional [...]

By |2019-12-13T10:49:00+00:00December 25th, 2017|Scottish Law, Scottish Powers of Attorney|

Dementia and Alzheimer’s. What happens when it’s too late for a Power of Attorney in Scotland?

If someone loses mental capacity before they have a Power of Attorney in place, who can manage their finances and welfare? Arranging a Power of Attorney early can save money and avoid problems in later life. Nobody wants to consider what would happen if they or a family member lost [...]

By |2019-12-13T10:49:24+00:00November 19th, 2017|Scottish Law, Scottish Powers of Attorney|

Dementia and Powers of Attorney in Scotland

  Dementia comes in all shapes and sizes and can vary from time to time but there is a touchstone so far as Powers of Attorney (PoA) are concerned. A diagnosis of dementia does not infer that capacity to make a PoA has been lost. When told that someone has [...]

By |2019-12-13T10:50:20+00:00September 3rd, 2017|Scottish Law, Scottish Powers of Attorney|

Scottish Powers of Attorney are different

The comments of the English Judge on Powers of Attorney should be treated with caution in Scotland, which has it’s own laws and systems. The most important difference is that, at the time of signing, there is an assessment of the capacity of the granter.  A doctor or lawyer must [...]

By |2019-12-13T10:53:17+00:00August 16th, 2017|Scottish Law, Scottish Powers of Attorney|

Why Powers of Attorney are all about trust

Well, assuming you know anything about Powers of Attorney (and if you don't, click here) then you will know that you are placing yourself in the hands of your Attorney. You must, therefore, have absolute trust in this person and you must, therefore, ask yourself (and be honest) do I [...]

By |2019-12-13T10:54:00+00:00August 4th, 2017|Scottish Law, Scottish Powers of Attorney|

Making a Will by text message in Scotland?

Texting a Will whilst having your coffee and biscuits. The suggestion is that you could, in the future, make a will by texting, voicemail and email. It is, just now, England only but, to my mind, not a great idea. I am all for easing Will-making - after all [...]

By |2019-12-13T10:54:35+00:00July 16th, 2017|Scottish Law, Scottish Wills|

Lesson for Scots from legal fight over Will

                  Heather Illot - Picture PA Will dispute fought out in Supreme Court I think this story is quite tragic as it deals with a very sad family rift but there is a clear lesson involved. If you want your wishes followed after [...]

Beat the Scottish Power of Attorney registration delays

Nearly 6000 powers of attorney were registered in January, the Office of the Public Guardian in Scotland (OPG) has reported. Sadly, this also resulted in the time for registration to be very lengthy as the very success of the system puts pressure on the staff. However, you can speed things up [...]

By |2019-12-13T15:31:27+00:00February 22nd, 2017|Scottish Law, Scottish Powers of Attorney, Scottish Wills|

Divorce and your Will in Scotland

It is surprisingly common that the ex is left something in the Will. Even more startling is that people do not change their will, at all, after a divorce. Up until the end of 2016, not changing your Will was an option. Divorce had no effect. Not any more! Now if you want your ex [...]

By |2019-12-13T10:56:48+00:00January 3rd, 2017|Scottish Divorce, Scottish Law, Scottish Wills|