Wills and Power of AttorneyPreferred links
Lawyers and solicitors can advise you on your will and can help prepare a will. A will is a document which sets out what your wishes are in the event of your death. It is an important way of protecting your family and to ensure that your estate is divided according to your wishes. When you consult with a lawyer he or she will be able to advise you of your options and give you practical legal advice as to the best way to achieve your wishes. Your lawyer will also be able to draft a will for you which properly records your wishes. On the Motherwell Lawyers website we list a number of lawyers in Motherwell who can assist you with the preparation of your will.
Content of Our Will
In your will you should nominate who you want to appoint to act as your executor. Your executor is the person you wish to administer your affairs after you die. It is important that your will should record who you wish to appoint as executor, not only because it makes your wishes clear, but also because it makes things quicker, easier and cheaper for those who you leave behind. If you do not have a will at the time of your death then it may be necessary to apply to court to appoint an executor. This is can be very costly and can also be time consuming at a very difficult time for your family. Your will should also of course set out how you would wish any estate you leave behind after death to be distributed. It can also make other provisions such as any specific requests for your funeral or burial arrangements.
Preparing a Will
Preparing a will is recommended to everyone irrespective of their financial position or personal circumstances. In order to prepare a will you must have legal capacity to understand the implications of the will and the document must also be clear and be properly witnessed. Your lawyer will be able to assist you with that. Legal aid can be available to cover the cost of preparing a will depending upon your financial circumstances and you should ask your lawyer if you are in any doubt as to whether you may qualify for legal aid. It is also recommended that you should review your will regularly and have it updated to take into account any changes in your wishes or significant changes in circumstances.
Contact one of the lawyers or solicitors for information regarding will making services available in Motherwell, Hamilton, Bellshill, Wishaw, Airdrie, Coatbridge, Cumbernauld and Lanarkshire.
Power of Attorney
Lawyers can help prepare a power of attorney for you. A power of attorney is a document which allows you to appoint a person you trust to make important decisions for you either now or in the future. Your lawyer will be able to advise you about the benefits of a power of attorney and can prepare one for you which is suited to your own circumstances.
Granting A Power Of Attorney
Anyone over the age of 16 can grant a Power of Attorney. However, it is essential that you are able to understand the full implications of granting the power of attorney. The instructed solicitor will make an assessment of legal capacity if there is uncertainty about that.
Types of Powers Of Attorney
There are different types and Power of attorney which can be used to achieve different results. A continuing power of attorney gives powers to deal with money and property. A welfare power of attorney gives powers to make decisions about health or personal welfare matters. A combined power of attorney gives both continuing and welfare powers. Most powers of attorney granted are combined to grant continuing and welfare powers.
The power of attorney can be used to give someone authority to make decisions for you immediately or, alternatively, to allow them to make those decisions in the future if you become medically unfit to make them for yourself.
Once the power of attorney has been registered, your lawyer or solicitor will normally provide you with the registered document as well as a copy certified by a notary public. You should then retain that so that it is available for you use by your appointed attorney when required. Legal aid is available to cover the cost of obtaining a power of attorney depending upon your financial circumstances and you should ask your lawyer about legal aid if you think you may be eligible.