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We are often told that we live with an increasingly aging population. That obviously presents its own problems in terms of social policy but on an individual level, more families are having to deal with assisting elderly relations. The Adults with Incapacity (Scotland) Act 2000 provides a framework for the support of persons over 16 who are unable to manage their personal welfare and/or financial affairs. Clients who have the capacity to do so may wish to make provision for a time in the future when they are unable to deal with their own affairs. A Power of Attorney can be drawn up which gives another person (the attorney) powers over the clients financial and/or personal welfare when they are no longer able to do so. 

We are able to assist with the drawing up and execution of such documents. However, there can be situations whereby the person involved does not have the mental capacity required to execute a Power of Attorney, in which case an application to court is required. This can be the case in relation to both older people and younger persons who might be vulnerable.

For advice on Adults with Incapacity, Contact David Doig in Glasgow

We can assist with making such applications to court and are happy to do so under the Scottish Legal Aid Board Civil Legal Aid Scheme where this is available. To speak to one of the top family lawyers in Glasgow, contact us on 0141 530 1360.

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