A power of attorney is a legal document which allows you to appoint a trusted family member, friend or professional to make decisions concerning your property, finances, health and welfare on your behalf. A power of attorney is often used because the person is unable to make their own decisions due to age, illness or injury. If a person becomes unable to make their own decisions without having put a power of attorney in place, it may be necessary for an intervention or guardianship court order to be obtained.
More and more people are also now considering making what has become known as a “Living Will” (also known as an “Advance Directive”). Although not strictly speaking a will, this is a document which allows a person to put down their wishes in writing for what they would wish to happen if they suffered illness or injury which resulted in them being unable to communicate their wishes to their family and doctors. Although Living Wills do not yet have full legal effect in Scotland, they can be of much comfort and reassurance to the person making it and to their family as a means of being clear on the person’s wishes.
Please contact us if we can help you in making a power of attorney or living will.
Please also see our section on Guardianship.