Powers of Attorney and Guardianships

If you have elderly relatives who are having difficulty managing their own financial or business affairs, then they may wish to consider granting a Power of Attorney. This document could authorise their nominated individual, it could be a relative a friend or a professional person, to sign documents on their behalf. Even although it may not be required immediately, it is certainly a sensible precaution to have one in place.

A Power of Attorney can also be prepared to cover welfare matters. The nominated individual would then be able to take decisions about the persons care, accommodation and medical treatment. These are important concepts in modern society and in many cases medical professionals and social workers are recommending that such a welfare power of attorney is in place before making arrangements for care.

The Adults with Incapacity (Scotland) Act 2000 changed the way Powers of Attorney are dealt with in Scotland requiring the documents to be registered with the Office of the Public Guardian before being operated. James & George Collie can tailor the appropriate documents to meet the requirements of a client and his or her family and give detailed guidance on this matter.

If someone has already lost capacity and is unable to manage their financial or welfare affairs, then there are certain procedures that can be followed by applying to the Sheriff Court for powers to allow someone to carry out these functions for the individual. The end result is often either a Guardianship Order or an Intervention Order. Once again, James & George Collie can offer guidance and assistance in this matter and prepare the documentation required. We can also assist in the whole management of that persons financial affairs.

For information and advice please contact Philip G Dawson by email or by telephone 01224 581581, alternatively contact Vivienne Bruce by email or by telephone 01224 581581.

Expert guidance on caring for the elderly

JG Collie Aberdeen
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