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Powers of Attorney – Your Solicitor’s Role

Concerns regarding unscrupulous Attorneys hit the headlines today following an investigation by the Mental Welfare Commission (www.bbc.co.uk/news/uk-scotland-17002491). However, the consensus of opinion is that notwithstanding potential problems, granting a Power of Attorney is an important protective measure.
Having a registered Attorney in place will save considerable time, expense and upset to the family where somebody has lost capacity to deal with their financial and welfare matters, even on a temporary basis. But how to guard against misuse by an Attorney?
1. Think carefully about the person to whom you would entrust with a Power of Attorney and their circumstances.
2. Ask yourself if you have full faith and trust in your chosen appointees.
3. Discuss your choice with your solicitor, telling him or her the full circumstances and relationship you have with your chosen Attorney so that your solicitor can give objective guidance.
4. Consider appointing more than one Attorney, so that one attorney can monitor the other’s actions and vice versa.
5. Be mindful that you can revoke your appointment if you have concerns about your chosen Attorney.
Balfour + Manson have much expertise in giving guidance on the granting and operation of Powers of Attorney.  We offer a dedicated Welfare Service and our team are happy to discuss any concerns relating to Powers of Attorney and issues relating to the well being of the incapacitated and elderly generally.
For more advice or information on these matters please contact Ken Robertson on 0131 200 1440.

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