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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Children can be wicked and I thought my readers may be interested in such a case which has been recently decided in the Court of Session Lord Uist It involved a vulnerable 80-year-old Mum of three boys, Mrs Audrey Matossian, who was "persuaded" to hand over her three valuable [...]
In this series of blogs, I shall be dealing with the main issues that I have experienced in dealing with claims on Estates. That experience is from both sides, acting, on various occasions for the claimant and, on others, for the Executor. I shall write, later, on the situation where [...]
Bruce de Wert Sometimes, I see (or I am asked to write) Wills where the parent has fallen out with a child (or vice versa) and, as a result, decided to leave them something but very little compared to the others. The child is then faced with a dilemma. [...]
Bruce de Wert Wow! That is a difficult question. The answer is that it depends! You know, sometimes things are just complicated. This is one of those occasions. It depends upon: – Where the will was made. When the will was made. What the circumstances of the will [...]
