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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).

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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.

We found the service from ELP to be excellent and very efficient. From the first interview to talk through what we needed in the will to the actual signing was only 10 days. The whole process was explained clearly and we were encouraged to confront the very difficult and emotive issues that are involved in drawing up a will to ensure that all eventualities were covered and our wishes respected.

I’ve turned to ELP for advice and support on a range of legal matters and have found them to be friendly, fast and efficient. A lot of people are intimidated by solicitors but ELP go out of their way to make legal support easy and accessible.

To Catherine and her staff, a big thank you from us both for all your help and advice and very efficient, caring, prompt attention!

I use ELP to manage conveyancing on investment properties and some of these purchases can be complex and tedious and take time to resolve. Throughout this process the staff are approachable and friendly and the service is always efficient and effective. I continue to recommend ELP to family and friends.

The combination of services offered was ideal when we established our new office in Scotland. ELP provided us with concise employment contracts and excellent support during the lease negotiation for our office. Professionalism combined with a transparent service and price model – a brilliant solution for us.

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