Planning for the Future
Have you reached a time in your life when you want to get your personal affairs in order because of advancing years or simply to ensure that there is a plan in place in the event of death or incapacity? A house purchase, retirement, illness or concerns about other family members can often force us to take stock. You may be concerned about your own incapacity or friends or relatives who may become incapacitated or are already incapacitated. Our experienced legal team are happy to provide you with a bespoke private client service to suit your individual needs.
Powers of Attorney
Powers of Attorney are becoming more popular and are considered by many medical and legal professionals as essential. A Power of Attorney gives authority to another individual or individuals, appointed by you, to ‘step into your shoes’ by dealing with your financial and/or welfare affairs in the event that you become incapacitated through illness, old age or as a result of an accident. A Power of Attorney can avoid the need for your loved ones to make an application to the Court, in the event of your incapacity, for a Guardianship Order, which can be highly stressful and, indeed, costly. Putting the proper measures in place while you do have capacity will avoid anxiety, uncertainty and expense at a later date. For a competitive fee quote for Powers of Attorney, please contact one of our legal team.
Many of us put off making a Will because we don’t think that we have enough assets, we think that matters will be dealt with appropriately by loved ones left behind or because we simply are not ready to think about dying yet! However, if you do not have a Will, the consequences for your family members can be very distressing . A Will appoints Executors to deal with your affairs when you are gone and avoids the expense and delay of having the Court appoint an Executor to deal with your estate. A Will leaves a clear direction to your nominated Executors on how you wish your property to be divided, which can avoid indecision or, indeed, frictions between loved ones left behind. Cohabitants now have the right to claim on their late partner’s estate if no Will is in place. If you are living with your partner and do not wish them to inherit your estate, it is imperative that you make a Will to ensure that your wishes are implemented. Equally, if you do want a certain person to inherit then it is important that the matters is put beyond doubt in a Will. Don’t let anxieties about the future stop you from obtaining advice from any of our Solicitors that will put your true wishes for your family and loved ones beyond doubt. The cost of a Will is definitely money well spent.
If a family member or close friend has become incapacitated, it may be appropriate for a Guardianship Order or other Order to be obtained from the Court to allow decisions to be made in relation to their finances and/or welfare. The Adults with Incapacity (Scotland) Act 2000 operates to protect incapacitated individuals to ensure that decisions are made which give full consideration to their own feelings and circumstances. We can advise you at the outset in relation to whether an application for Guardianship is the most appropriate way forward and we can guide you through the application. The Court does require several reports to be submitted by professionals involved with the individual and we work hard to coordinate everyone to ensure that reports are obtained quickly and efficiently, and to ensure that necessary Orders are granted in the interests of the adult.