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.
Many people go through life without putting a Power of Attorney in place. If you are fortunate to be in a position where you may never require someone to make decisions on your behalf when you become unable to, this may not be a concern. However, if you find yourself in a situation where you can no longer look after your own affairs, the lack of a Power of Attorney can become time consuming and expensive.
When you grant a Power of Attorney, the aim is to appoint an attorney you can trust. You expect your attorney will make the kind of decisions you would make but no longer can. In life, however, things do not always turn out as planned and, on occasions, it can be difficult to prevent misuse of a Power of Attorney.
If you believe that a trustee or attorney is not managing the assets and affairs of a loved one as they should, you will understandably be concerned. Both trustees and attorneys have great power and responsibility in their position, and abuse of this position can have serious consequences. In this article, we look at the general financial duties of attorneys and trustees, as well as what you should do if you think something is wrong.
If you have been appointed to act as an attorney on behalf of an adult you know, we understand that you may feel daunted by the responsibility this brings. You may be required to make difficult decisions and carry out tasks you are unsure of. However, you do not have to go through this alone, and it is possible to get help and advice to fulfil the role.
A Power of Attorney allows others appointed by you to make decisions on your behalf should you lose the capacity to do so yourself. In this article, we take a look at what it means to lose capacity, when a Power of Attorney is engaged, and what will bring a Power of Attorney to an end.
