Why a Power of Attorney in Scotland is different

Scotland has it’s own laws and systems. It is very different from England. Powers of Attorney (PoA's) are there to make life easy, particularly for older people but, in Scotland, there is an assessment right at the beginning to ensure that the granter knows what he or she is doing. [...]

By |2022-07-07T12:52:20+00:00June 19th, 2021|Scottish Law, Scottish Powers of Attorney|

Making a Will in Scotland : 5 things you need to know

Sadly, common mistakes can cause problems after your death and even cost loved ones their inheritance. More than half of Scottish adults have not made a will. Of those who have many have not updated their wills for some time which can lead to inheritance disputes. Dying intestate — legalese [...]

By |2022-07-07T13:01:26+00:00May 10th, 2020|Scottish Law, Scottish Wills|

5 top reasons to make a Scottish Power of Attorney

5 top reasons to make a Scottish Power of Attorney (PoA).   1. To ensure that you are protected. Not making one means that if you have a stroke or dementia then you are in the similar position as those who are uninsured. You cannot obtain insurance after the event [...]

By |2019-12-13T10:19:29+00:00March 2nd, 2019|Scottish Law, Scottish Powers of Attorney|

Can I get a free Power of Attorney, in Scotland, from the Office of the Public Guardian Scotland (OPG)?

Well, yes, in a way because they do provide a template but you will need a lot of time, research and decision-making before you have anything satisfactory. Their template is to be found at http://www.publicguardian-scotland.gov.uk/power-of-attorney/forms-publications. There is an English OPG but English law is different and English PoA's are not for [...]

By |2019-12-13T10:28:29+00:00July 4th, 2018|Scottish Law, Scottish Powers of Attorney|

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|