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Do you need a Power of Attorney if you're married?

If you are married or in a civil partnership, your partner is likely to be the person you trust most. A Power of Attorney document grants a person of your choosing the power to make decisions on your behalf, should anything happen to you. Our solicitors can help you set up a Power of Attorney today. While we hope that you never need it, having a Power of Attorney can provide you with the comfort that you are prepared for the future.

For advice on your circumstances, get in contact with our team by calling 01292 289 584 or complete our online enquiry form, and we will get back to you right away.

Power of Attorney and marriage or civil partnership

Even if you are married or in a civil partnership, it is essential to consider setting up a Power of Attorney. It is an unfortunate fact that thousands of people across the country lose capacity every year. In such cases, you may assume that your spouse or civil partner would handle your personal affairs, however nobody has an automatic right to act on your behalf. If you do not appoint your partner as your attorney before you lose capacity, they will have to formally apply through the court to manage your finances and make decisions about your personal welfare.

Practical benefits of setting up a Power of Attorney

When you set up a Power of Attorney, you will need to talk to your spouse or civil partner about your wishes and practical matters. Having these discussions can bring you peace of mind and ensure that your partner has everything they need, for example, making them aware of any key documents and where they are kept.

One of the advantages of having a Continuing Power of Attorney in place (which provides powers for financial decisions) is that it can come into effect immediately, even if you still have capacity. It can also help during periods of temporary incapacity, such as ensuring bills are paid if you go into hospital.

Can my spouse access my bank account without a Power of Attorney?

We often see the situation where loved ones are unable to access the bank account of the person who has lost capacity. If you have not set up a Power of Attorney, your partner could experience great difficulty to open, close or operate any accounts with your funds. While there are means to allow access without a Power of Attorney, the most straightforward and efficient solution is to have the legal document in place. This is particularly important for those who have financial dependents.

What happens if no Power of Attorney is in place?

Many people fail to set up a Power of Attorney because they don't want to think about a time where they cannot make decisions for themselves or believe they are too young to worry about such matters. However, life-altering accidents and illnesses frequently occur, leaving families in a difficult position at what can already be an emotional time.

If you lose capacity and have not granted a trusted individual with the powers to make decisions on your behalf, the courts will need to appoint someone to be your guardian. A guardianship is a long and often costly process, and is typically only for a fixed period. This can all be avoided by having a Power of Attorney in place.

Having a Power of Attorney is a vital tool in estate planning, and can prevent your spouse or civil partner from any added stress should you lose capacity. If you are married or in a civil partnership and would like your partner to make decisions about your finances, property and medical care if you become unable to do so yourself, get in touch with our team now to set up a Power of Attorney.

Contact our Power of Attorney Solicitors Ayr, Troon, Kilmarnock, Irvine and Glasgow

If you want to speak to a compassionate and understanding team of solicitors about Power of Attorney, Wills, Executry or other matters, please contact our team.

At McLennan Adam Davis Solicitors, we want to help you to prepare for what comes next. We are a firm of experienced legal advisors working across Ayrshire, providing clear and comprehensive legal advice tailored to our clients' individual needs and circumstances.

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