What is the difference between a Power of Attorney and a Lasting Power of Attorney?

In Scotland, the term "Power of Attorney" is used under Scottish legislation. In England and Wales, similar arrangements are known as "Lasting Powers of Attorney." The legal frameworks differ slightly. We advise on the appropriate structure depending on your jurisdiction to ensure full compliance.

When should I put a Power of Attorney in place?

A Power of Attorney must be established while you have legal capacity. It is generally advisable to put arrangements in place as a precautionary measure, rather than waiting until it becomes urgent.

Can I choose more than one attorney?

Yes. You may appoint more than one attorney and specify whether they act jointly or independently. We provide guidance to ensure the arrangement works practically and reflects your intentions.

Can a Power of Attorney be changed or cancelled?

Provided you retain capacity, you can amend or revoke your Power of Attorney. We can advise on the appropriate steps if your circumstances change.

Power of Attorney Services

A Power of Attorney allows someone you trust to make decisions on your behalf if you are unable to do so. We provide clear guidance and carefully prepared documentation to ensure your interests remain protected.

Understanding Your Options

Planning for the Unexpected

A Power of Attorney is a legal document that gives a trusted individual authority to act on your behalf should you lose capacity or become unable to manage your affairs.Depending on your circumstances and jurisdiction, this may include:

Financial and property decisions

Welfare and personal care decisions

Ongoing management of assets

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Important Considerations

Making the Right Arrangements

Establishing a Power of Attorney requires careful thought. We guide you through each decision to ensure your arrangements reflect your wishes and provide appropriate safeguards.

Choosing the Right Attorney

Selecting the right individual is essential. We help you consider suitability, trust, and practical responsibilities before authority is granted.

Scope of Authority

We advise on whether financial, welfare, or combined powers are appropriate for your circumstances, ensuring clarity in the authority granted.

Built-In Safeguards

A properly structured Power of Attorney includes safeguards to protect your interests. We ensure the document is carefully drafted and compliant with the relevant legal framework.

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Important to Consider

What Happens Without a Power of Attorney?

If you lose capacity without a valid Power of Attorney in place, your family may need to apply to the court for authority to manage your affairs.This process can be time-consuming, costly, and emotionally stressful at an already difficult time.Putting arrangements in place early allows decisions to be made smoothly by someone you trust.

Court applications may be required

Delays in accessing finances

Increased administrative burden for family

Less flexibility over who makes decisions

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Frequently Asked Questions

Clear answers to common questions about establishing a Power of Attorney.

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Put Proper Safeguards in Place

Establishing a Power of Attorney ensures someone you trust can act in your best interests if needed. Our team provides clear guidance and carefully structured documentation tailored to your circumstances.

Clear legal advice

Guidance specific to your jurisdiction

Appropriate safeguards

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Thomas Bradley Legal Ltd are not regulated by the Law Society. Depending on the specific service you have engaged us for, we may collaborate with third-party partners, including solicitor firms, financial services firms, and accountancy firms.

Thomas Bradley & Co is an Introducer Appointed Representative of Funeral Safe Limited for the purpose of credit broking introductions only. Our firm reference number is 1018991. Funeral Safe Limited is authorised and regulated by the Financial Conduct Authority under firm reference number 765110 as a lender and broker. Registered Name: THOMAS BRADLEY LEGAL LTD. Registered in: Scotland. Company Registration Number: SC595391. Registered Address: Jacobean House Glebe Street, East Kilbride, Glasgow, Scotland, G74 4LY.