Powers of Attorney

We would recommend that everyone grants a close and trusted individual, power to deal with their financial and personal affairs in the event that they are unable to do so during their lifetime.

If you were to lose mental capacity without having done so, your next of kin would have to go through a complicated, time consuming and costly court procedure to obtain authority to act on your behalf. This can be avoided by signing a Power of Attorney whilst you are fit and well. We are able to advise on the different types of Power of Attorney which can be tailored to suit your individual needs.

WILLS

We would advise everyone to make a Will to ensure that the people you want to inherit your estate do so. In certain circumstances it is often possible to draw up a Will to reduce the amount of Inheritance Tax payable on your death. We can also advise you lifetime Inheritance Tax planning measures to minimise the Inheritance Tax payable on your death.

For advice on Inheritance Tax Planning please contact Mr Alastair J D Hope on 01436 671221 or e-mail ajdh@raeburnhope.co.uk

WELFARE AND FINANCIAL GUARDIANSHIP ORDERS

When an adult over the age of sixteen does not have capacity to look after their financial or personal affairs and they have not appointed an Attorney or are incapable of doing so, it is necessary to consider whether a guardianship or intervention order is necessary. A Guardian is an individual who is appointed by the court to manage the personal and financial affairs of an adult who no longer has the capacity to do so.

Where a one off decision is required I.e. selling property, or signing a document an Intervention Order can be sought from the Sheriff Court. Where longer term arrangements are needed a Guardianship Order may be more appropriate and this is also granted by the Sheriff Court.

A Guardian is often a member of the adults’ family or if there is no family member willing or able to be appointed a Solicitor or other individual can be considered.

ADULTS WITH INCAPACITY

Often there is no provision in place to authorise an individual to look after the personal welfare and financial affairs of an adult who has become incapable of doing so themselves. This can often be a distressing time for other member of the adult family.

Unless a valid Power of Attorney has been granted by the individual it is necessary to consider whether a Guardianship order should be sought in order to enable a family member of other individual with an interest to be appointed to care of the adults financial and welfare matters.

If you require advice or information/guidance on any of the above issues:

please contact Mr Alastair J D Hope on 01436 671221 or e-mail ajdh@raeburnhope.co.uk or Irene Henderson ih@raeburnhope.co.uk