If you're living in Scotland and you don't currently have a power of attorney, are you sure that's for the best?

In the absence of a Continuing and Welfare Power of Attorney there is a risk that decisions about your well being and your assets could be taken by people who believe they know what is best for you, but in reality don't!

The Adults With Incapacity (Scotland) Act 2000 requires any named Attorney to act in accordance with the 5 principles of the Act:

Attorneys acting under a Continuing and Welfare Power of Attorney must comply with the five guiding principles set out in the Adults with Incapacity (Scotland) Act 2000. Arguably, the most important of these is that an Attorney must always act in the best interests of the adult. Does this include tax planning?

Best interests of the adult - not always clear cut?
At first glance, it seems that deciding what is in the best interests of the adult is pretty straightforward. However, grey areas often