2023 resolutions – Stepping up to the challenge of preparing for the future

Your Will, Power of Attorney and Advance Directives

As the new year 2023 approaches, it is the perfect opportunity to ensure your affairs are in order. Many people believe they are too young or healthy to need a Will or Power of    Attorney, but it is crucial to be prepared, regardless of your age, marital status, or estate size.

Consider having these essential documents:

• Will
• Power of Attorney
• Advance Directive or Living Will.

Your Will

What is a Will?

A Will allows you to specify how your possessions will be distributed after your death. To ensure your estate is handled according to your wishes, you must have a properly     executed Will.

If you do not have a Will:

• Your estate will take longer to wind up and be more expensive
• The court will have to appoint a suitable executor
• Your assets might not be inherited by your desired beneficiaries
• There may be tax implications
• In Scotland, children can inherit at 16, but you may prefer them to inherit at a later age, which must be stated in your Will
• You will not have the opportunity to appoint guardians for your children

Keep a record of your assets and let your executors know where to find that record and to locate your Will.

How do I get a Will in Edinburgh, Scotland?

Quill Legal Edinburgh has extensive experience advising clients on Wills. Contact Kay Blaikie, Will Lawyer Edinburgh on 0131 564 1044 or use the online contact form for assistance.

Your Power of Attorney

What is a Power of Attorney?

A Continuing and Welfare Power of Attorney allows you to appoint a trusted person while you still have capacity, to act on your behalf regarding your welfare, property and finances.

Reasons to get a Power of Attorney

• Provides a sense of security, similar to an insurance policy
• Simplifies the process for those supporting someone who loses capacity
• Prevents the need for a guardianship order, which can be more expensive and time consuming
• Can be used for temporary assistance, such as when someone has mobility issues

What safeguards are there?

Powers of Attorney must be registered with the Office of the Public Guardian for Scotland and certified by a doctor or solicitor at the time of signing.

How do I get a Power of Attorney in Edinburgh, Scotland?

Quill Legal Edinburgh has extensive experience advising clients on Powers of Attorney. Contact Kay Blaikie, Power of Attorney Lawyer Edinburgh, on 0131 564 1044 or use the online contact form for assistance.

Your Advance Directive or Living Will

An Advance Directive or Living Will, though not legally enforceable in Scotland, can still offer valuable guidance for medical professionals and family members in making decisions about your medical care when you are unable to communicate your preferences. Setting up an Advance Directive during your lifetime ensures your wishes are considered if you cannot provide direction at the time care is needed. While a Power of Attorney allows you to continue living with assistance, an Advance Directive can specify that certain life-prolonging treatments should not be used if you have a terminal illness, have lost capacity or are unlikely to recover.

How do I get an Advance Directive or Living Will?

Quill Legal Edinburgh has extensive experience advising clients on Advance Directives. To get started, contact Kay Blaikie, Advance Directive / Living Will Lawyer in Edinburgh, on 0131 564 1044 or use the online contact or call back form. Kay will respond promptly, will assess your wishes and advise on the most appropriate form of Advance Directive or Living Will. 

Seeking professional legal advice on all these matters is important. 

Take the opportunity to do it now.