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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.

Call us today on 0131 225 1200
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Is there a 'right age' to draw up a Power of Attorney?

Andrew Paterson Planning for the future means different things to different people. To some, it will be as straightforward as what to see at the cinema this week. To others, it might be planning for this year’s family holiday. Some might plan to move house this year and others might be planning to move job. However, what everyone should be thinking about is planning for the unexpected. There can be nothing more unexpected than an illness, accident or other incapacity that renders you unable to look after your own affairs. That’s where a Power of Attorney comes into play. But is there a “right age” to draw up a Power of Attorney?

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Can I designate a Power of Attorney if living outside of the UK?

Alec Stewart

Power of Attorney (“POA”) is a legal document which appoints one or more people (known as attorneys) to take actions or make decisions on your behalf. You must be over the age of 16 and capable of making your own decisions to be able to grant a POA in Scotland. In England, you must be over the age of 18 to put in place a POA. Individuals can choose to grant POAs for continuing (financial) and/or welfare matters, often combining the two into one deed. A similar regime operates in England and Wales, whereby POAs are known as Lasting Powers of Attorneys (“LPAs”) and individuals can appoint attorneys to act in relation to their financial and/or health affairs.

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Can an Attorney acting under a Power of Attorney change a Will in Scotland?

Adam Swayne

A properly drafted Power of Attorney allows you to make provision in advance for the possibility that, at some stage, you require somebody else to deal with your financial or welfare affairs. However, it is important to understand what powers an attorney has under a Power of Attorney, and their limitations.

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What is the difference between an Attorney in a Power of Attorney and an Executor of a Will?

andrewYou might say it is a matter of life and death. Basically, an attorney deals with the affairs of someone whilst they are alive whilst an executor deals with the affairs of someone who has died. Whilst that might seem simple and straightforward, it is important to understand the different functions of an attorney and an executor.

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The Lasting Power of Attorney Bill: What it means for English Powers of Attorney

Adam Swayne

A Power of Attorney allows you to make provision in advance for the possibility of you becoming incapable of managing your own financial and welfare affairs during your lifetime. This becomes increasingly important as the risk of supervening mental incapacity grows through longevity, illness, or accident.

The standard form of Power of Attorney in England and Wales is the Lasting Power of Attorney (LPA). These forms can either be to cover Property and Financial Affairs, or Health and Care Affairs. In practice, these forms can be very difficult to complete as they must be signed and dated in a very specific order and the smallest mistake will result in the application for registration being rejected. It is widely accepted that the procedure can be confusing, inflexible, and bureaucratic.

Since the introduction of LPAs in 2007, the world has changed with the growth of technology and people’s expectations have changed with it. The Government has decided to reform the process of making and registering LPAs in England and Wales to make it safer, easier, and more sustainable.

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