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Power of Attorney

Solicitors with a young couple helping them appoint a Power of Attorney

 

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. You can also learn more about Power of Attorney on our Power of Attorney FAQ article.

If you would like to discuss matters initially,  our Private Client team would be delighted to hear from you. Our team of very experienced Solicitors can advise clients on wills, powers of attorney and executries.

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We have been using the services of ELP, especially their employment law advice service for employers, for more than 3 years. The reason we chose ELP is previous firms of lawyers we used were very aloof and did not offer practical guidance. We have a great relationship with them and trust Duncan’s advice implicitly. The reason for this is he knows our business and understands our style of management. This is invaluable when you are dealing with staff issues. The advice given is straight forward and to the point. ELP have also helped us develop our staff handbook and other procedures that are relevant to our company over the years.

I have used ELP for a number of years now and am delighted with both the service and outcomes they have delivered. Duncan and the team provide expert guidance and always make the time – even at short notice – to help in what is a challenging situation to be in. I found their help invaluable, and would not have got the level of financial recompense without their guidance. I would not hesitate to recommend them in any Employment Law scenario.

Just to say thank you very much for your assistance in selling our flat – always prompt and professional, seeing us and keeping closely in touch with developments. What could have been a tedious long drawn-out process passed with remarkably little hassle for which we are very grateful.

Ian was the best in helping me out after I contacted him with an employment law issue. I contacted a few solicitors in Edinburgh via their online web forms and Ian replied to me within minutes of my query which was excellent! Other solicitors I contacted at the same time either didn’t reply at all or replied weeks later which was not helpful!

Ian was helpful, friendly and knowledgeable – never too busy to reply to my emails when I was looking for information, and occasional reassurance. I had an initial call with Ian, then a face to face in the office and after that most contact was by email which suited me perfectly. Ian was professional at all times and really made me feel valued as a client. His hard work resulted in a favourable result for me, and I would not hesitate to recommend his services to anyone. If I ever need a solicitor again in the future, Ian will be the first person I contact. Thank you!

We have used ELP Solicitors everytime we have bought and sold property (three times now!). From the very early stages of initial meetings and photographs right through to completion we always felt that they were handling our affairs with care and attention. Lisbeth-Ann was great at making all aspects of the Conveyancing process clear and easy for us to understand. They were quick to answer any questions or concerns we had and we felt that they always had our interests at heart. We would highly recommend them for their professional service and friendly approachable manner.

A highly efficient service from the team at ELP. Took the stress out of buying our property.

Thanks Barbara

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