Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
Giving Power of Attorney can be a very overwhelming experience. You need to be confident that you choose someone you trust and that this person will conduct your affairs as you wish. Choosing the right person and making your wishes clear are an important part of the Power of Attorney process, and can put your mind at ease that should you lose capacity, your Attorney has everything they need to carry out their role as you intended. In this article, we provide practical advice for choosing your attorney and making your wishes clear to them.
We help many clients create a Power of Attorney to appoint someone else to help them manage their affairs in the event that they lose capacity to do so for themselves. While a Power of Attorney is designed to give you peace of mind, we understand why clients are apprehensive. How do you know that your attorney will follow your instructions? What happens if they don’t? Concerns such as these are normal, and there are steps you can take to become confident in your decision and move forward in your life.
You may have an idea as to who you would like to act as your attorney. Most people choose their spouse, one of their children, another family member or a friend. You should trust this person to manage your financial affairs and matters related to your care and everyday living. You can appoint different attorneys where you feel one person would be better at managing money matters and another at managing medical decisions and day-to-day care decisions.
Even before you choose an attorney, you may wish to discuss the matter with those closest to you. Perhaps the person you had in mind does not want to act as your attorney, or they feel they are unable to do so. Discussing Power of Attorney with your loved one can firstly help you to choose an attorney, but you can also make it clear what your wishes are for your financial affairs and for your care. Care matters can be as simple as what you like to wear and eat, where you want to live and any domestic matters you need to be taken care of.
For care matters, you can create a document known as an advanced statement. An advance statement is clear, written instructions that set out your wishes, preferences, beliefs and values in relation to your future care.
Kathryn Johnston is an Associate within Murray Beith Murray Asset Protection group, and is an estate planning specialist. If this article has raised any questions or you would like to discuss an estate planning matter, then please complete our contact form, or call us on 0131 225 1200.
Murray Beith Murray was established in 1849 as advisors for generations of clients, committed to our values of integrity, expertise and trust. This aim and these values continue to this day, as does our commitment to be here when you need us.
