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Power of Attorney

Private Client Solicitors and support staff at ELP Arbuthnott McClanachan

At ELP Arbuthnott McClanachan we believe that everyone should have a Power of Attorney.

A Power of Attorney is a document which appoints one or more trusted individuals to act on your behalf. It is possible to grant a Power of Attorney in relation to financial matters only, or in relation to issues affecting your welfare, or to grant a joint financial and welfare Power of Attorney.

Who Should Have a Power of Attorney in Scotland?

A Power of Attorney is not just something for older people. While certainly, the risk of ill-health or incapacity might increase in later years, none of us knows what the future holds. Having a Power of Attorney in place provides protection for you and assistance for your family or loved ones should they need to step in to help.

Ideally, a Power of Attorney should be granted when you are in good health as it cannot be granted if you are unable to give instructions, whether due to a physical illness or a mental condition. A Power of Attorney granted at this early stage is known as a “protective” Power of Attorney and, once registered, the Power of Attorney can simply be retained indefinitely unless or until it is required.

If you do not have a Power of Attorney in place and can no longer manage your affairs then when needed the only option may be to apply to the court for a guardianship order, which is very costly, time-consuming and can be stressful for all concerned. While none of us likes to consider these things, at ELP Arbuthnott McClanachan we would strongly recommend drawing up a “protective” Power of Attorney, and we would be happy to explain matters further and to discuss whether a Power of Attorney would meet your needs.

If you would like to discuss matters initially we would be delighted to hear from you. Our Barbara Watson is a very experienced solicitor advising clients on wills, powers of attorney, trusts and executries. Barbara is also a member of the Society of Trust and Estates Practitioners (STEP).

Contact Us

Tiphereth is a medium sized Edinburgh charity, operating in the voluntary sector, offering care and work opportunities to adults with learning disabilities. We use ELP for legal advice and support in human resource issues, and for assistance in drafting letters, policies and contracts. The arrangement makes sense for us financially and is good value for money. ELP have been consistently helpful to our organisation over several years, offering clear legal advice on a wide spectrum of issues, and often doing so at very short notice.

I was more than happy with the advice and representation which I received from ELP in relation to an employment tribunal dispute with my employers. From start to finish, ELP kept me up to date with any developments regarding my case during what was a stressful 6 months out of work. They also achieved a good result for me in advance of the Tribunal hearing. I would definitely recommend the firm to anyone in similar circumstances.

I recently used E.L.P. when I sold a bungalow and purchased a flat. I was very impressed with the level of service and would have no hesitation in commending the company to future clients. Communications were efficient at all times and matters responded to very quickly. The financial transactions were all done within an hour of the completion time and my bank account credited.

It was a pleasure to do business with E.L.P.

I would like to express my gratitude towards you for the professional, courteous, efficient, and helpful manner in which you conducted yourself within the business of dealing with myself and the sale of my property. You are a credit to yourself and the people that you represent.

I was a Managing Director of an acquired business, going through a long protracted settlement agreement when I approached Duncan McFadzean and his ELP team at Arbuthnott McClanachan to take over my case as there had been an issue with the initial firm of lawyers I had engaged. Duncan very quickly got up to running speed with my case and managed it very pragmatically with great control. He judged his approach with me absolutely perfectly and always explained clearly and concisely, the different courses of action with his recommendations. I have used many different employment lawyers throughout the years, (both for the business and for myself), but have never found a more complete professional approach than the ELP Arbuthnott McClanachan experience. I cannot recommend their services enough. Simply fantastic, thank you!
Don’t go anywhere else, just use the ELP team at Arbuthnott McClanachan, great service and great results!

We deal with digital distribution of music. We wanted to use a law firm who were good at what they do but who also had a modern and friendly approach that would suit our kind of business. We have used ELP to frame our employment contracts and employment policies, which are well drafted and tailored to suit and protect our business. We are also able to call them when anything legal comes up in the business that we need some guidance on, whether it be staffing issues or anything else. This is probably the best part of the service we receive – ELP are always happy to help, and we can speak to them as business advisers as well as employment lawyers. We would definitely recommend ELP to any business needing employment law or just general advice.

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