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.
People suffering from dementia eventually lose the ability to look after their own affairs. This is often tragic with parents not recognising children and, frequently, recounting memories long past but unable to tell you what happened yesterday. To increase awareness, the Alzheimer’s Society runs a campaign each year to raise awareness of this most invasive condition.
Dementia Action Week this year takes place between 13 and 19 May. The aim is to raise awareness and to encourage people to take early action on dementia. The Alzheimer's Society can help you understand the symptoms of dementia, explain what might happen if you receive a dementia diagnosis and what you can do to support someone recently diagnosed with dementia.
One of the key elements of dementia is the inability to deal with your own affairs. That means you must not wait until you are diagnosed with dementia before ensuring your affairs can be looked after if your health declines. You should take action now and prepare a Power of Attorney. A Power of Attorney appoints someone you trust to deal with your affairs should you lose your faculties and be unable to look after matters yourself.
In Scotland, if you grant a Continuing and/or Welfare Power of Attorney, your attorney can continue to take action and make decisions on your behalf even after you have been diagnosed with dementia.
A Continuing Power of Attorney authorises your attorney to deal with your financial affairs whilst a Welfare Power of Attorney authorises your attorney do deal with your welfare needs. Frequently, in Scotland, these powers are contained in a combined Continuing and Welfare Power of Attorney.
Once you grant a Power of Attorney, you can continue living your life and making your decisions just as you always have. You can even make provision that your Power of Attorney will not become effective unless or until you lose the capacity to look after your own affairs as determined by a medical practitioner.
A Power of Attorney is almost like an insurance policy – it’s there should you need it!
Unfortunately, not everyone has the foresight to draw up a Power of Attorney. If you suffer from dementia, your medical practitioner may confirm you are no longer able to instruct your solicitor to draw up a Power of Attorney. In such cases, the main option available is often an application to the courts to appoint a guardian. Appointing a guardian can be very time consuming and expensive.
Murray Beith Murray LLP Partner, Andrew Paterson, specialises in trusts, estate planning and asset protection with expertise in issues surrounding creation of a Power of Attorney. This article focuses on the Powers of Attorney in Scotland. Powers of Attorney differ somewhat in England and Murray Beith Murray LLP have dual qualified lawyers who can advise on both jurisdictions.
If this article has raised any questions or you would like to discuss your affairs, then please complete our contact form or call us on 0131 225 1200.
Murray Beith Murray LLP 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.
