Latest News From Complete Clarity Solicitors

When you and your partner separate, you will have to decide what the care arrangements are going to be for your children. In some circumstances, parents are able to sort these arrangements directly between them by agreeing on what is in the best interests of their child(ren). On occasion, parents can have different points of view and this can make it difficult to reach an agreement resulting in uncertainty and stress. If you are struggling to agree on matters relating to your children then we can help you in order to provide a more certain future for you and your family.

In Scotland, Cohabitants (see below) do not have the same rights as married couples or those in civil partnerships and it is important not to assume that things will be treated the same. However, the law does provide some rights for cohabitants in the event of separation or death or, alternatively, there are some measures you can take to make things clearer.

We can advise individuals who are experiencing the trauma and complexity of separation and divorce including matters involving issues regarding children and finances. It is important in Family Law matters that you instruct a solicitor who is familiar with the under-noted areas of law and someone whom you have confidence in at what is likely to be a very difficult time.

What does guardianship entail, and what am I required to do?

Do you understand what it means to become a guardian? You may have heard the terms 'Guardianship' and 'Guardian' without understanding the actual meaning. This article addresses the guardianship of individuals, sometimes known as adults with incapacity. Here, we will explore what becoming a guardian entails.

According to a recent poll produced by Citizens Advice Scotland, 41 percent of adults in Scotland are financially worse off as a result of the Covid-19 pandemic alone. Furthermore, there are concerns that Scots will continue to suffer as a result of rising energy costs, rising inflation, and overall increased living expenditures. Many families are likely to slip into debt or possibly poverty as a result.

If you're not married or in a civil partnership, and separate from your partner

If you and your spouse have been unable to maintain your relationship and are considering a formal separation, there are numerous considerations. Choosing to end a relationship that has lasted many years, in some cases, can be a very trying and emotional experience. Among the numerous issues that will need to be addressed is how your pension entitlement is handled and organised following the end of your relationship with your spouse.

Clarity Simplicity's 6 reasons why you should not date a lawyer. Being in a relationship with a lawyer may sound attractive, but it's maybe not as fun as you would think it would be. We don't really don't make very good partners - in the romantic sense, at least. Here are six reasons to stay away from a romantic relationship with a lawyer.

Understanding the consequences of divorce on children can be vital before deciding how to proceed with the separation and divorce process in the most effective manner.

Living Wills and Power of Attorney are legal documents that help people make healthcare and welfare decisions for themselves. As you are no doubt aware, we are all living longer lives than we used to. Unfortunately, as people grow older, they have a greater risk of having chronic illnesses. At Clarity Simplicity, we would like to provide some insights and helpful tools that can help you and your loved ones guarantee that their wishes are properly carried out in the event that they are diagnosed with cancer or another chronic illness.

How to Plan for Long-Term or End-of-Life Care

Given that we are living longer lives and are increasingly at risk of getting diseases such as cancer, it may become necessary to make decisions about the care and treatment we receive – or do not receive – in the future. When we are nearing the end of our lives, and we have lost the ability to make decisions for ourselves, there will be no one who has the right to refuse invasive treatment on our behalf unless we have a Living Will or a Power of Attorney.

If you are unable to communicate your wishes at the time of your death, a Living Will outlines the circumstances under which you would like to decline treatment. This entails outlining your wishes in a written statement and telling your family members of your intentions. This ensures that the medical team is fully aware of how you would like treatment to be carried out, or, alternatively, which therapies we would prefer not to have. It also guarantees that the medical staff are fully informed of your medical needs. It also specifies when you should be allowed to end your life or when a specific form of treatment should be administered.

Living Wills and Powers of Attorney for health care decisions

Having a Living Will relieves your family of the pressure of making difficult decisions on your health care directive in the event of your death. Due to the fact that you have already made those difficult decisions and put in place a document that outlines your wishes in black and white, it can assist to alleviate any feelings of guilt or ambiguity. In this case, your families may rest comfortably that it was your decision to forgo therapy, not theirs.

While Living Wills are not legally binding in Scotland, they are powerful evidence of your wishes and are more likely to be followed, especially in light of the fact that the Adults with Incapacity (Scotland) Act 2000 states that the past wishes and feelings of an adult with incapacity should be taken into consideration when making medical care decisions.

Contact us if you have any questions concerning a Living Will, a Power of Attorney for Health Care or Welfare issues, or the process for preparing a Will.

FAQs

What is an Advance Directive?

An Advance Directive is a document that is prepared while you have the legal capacity and can communicate and make decisions about your own welfare. It is prepared as an advance instruction to Doctors confirming the healthcare treatment/measures that you want to be taken/not taken, in the event that you are in poor health.

Why have an Advance Directive?

In Scotland, an adult with legal capacity has the right to make decisions, and provide opinions, on their medical treatment. This includes the right to refuse medical treatment. People can refuse medical treatment for a number of different reasons. Examples would be where a person does not consent to treatment because of religious beliefs however, it can also be used to direct Doctors as to whether you would want heroic measures to be taken in the event of a medical emergency. Examples of where you might wish to refuse treatment are: -

1.         Cardiopulmonary resuscitation (CPR) if your heart stops;

2.         Being put on a ventilator if you cannot breathe on your own;

3.         Being given food or fluids artificially;

4.         Being given antibiotics where you are suffering from a life-threatening infection.

Being able to influence, or indeed refuse treatment, is dependent upon a person being able to communicate their wishes. In circumstances where a person has lost their legal capacity, they cannot communicate and accordingly, cannot influence or refuse their medical treatment. This gives rise to certain legal and practical difficulties and can impose certain pressures and stress on loved ones and family members who are ultimately left to guide the Doctors.

Having an Advance Directive can assist you to make informed decisions in your own time by considering all of your options. We would strongly advise speaking to a Doctor or Medical Practitioner. It gives direction to your loved ones as to your wishes. It will give peace of mind that your wishes are known about and documented.

What should you think about when making an Advance Directive?

In order to make an Advance Directive, you should think about situations in which you would want to refuse treatment. You should speak to your GP, Doctor, or others involved in your care such as a Consultant, District Nurse or Carer. Medical Practitioners will be able to assist in helping you understand treatments and the consequences of having those treatments. You should discuss the matters with those close to you.

Who should you make aware of the existence of an Advance Directive?

In order to ensure that your wishes are documented and respected, we would recommend that you discuss the Directive with your next-of-kin, your Attorney (Power of Attorney), your GP and any other individual that is involved in your case such as a Consultant, District Nurse or Carer.

Can an Advance Directive be changed?

We would recommend that you regularly review your Advance Directive. If you wish to make changes then you should destroy your previous Advance Directive and make your next-of-kin, your Attorney (Power of Attorney), your GP and any other individual that is involved in your case such as a Consultant, District Nurse or Carer, that you have created a new Advance Directive.

Do you require a solicitor?

Advance Directives are not legally binding however, they give a clear intention as to your wishes and accordingly, ought to be adhered to. An Advance Directive may become open to challenge where it is believed that you lacked capacity at the point where it was signed. Having a solicitor prepare, and witness, your Advance Directive will ensure your capacity at the time of signing. Power of Attorney & Guardianships in Scotland

Have you been asked to obtain Power of Attorney or Guardianship and need to know more? Is a relative or loved one suffering from a mental illness and you need to look after them and their finances? Are you dealing with an incapable Adult?

Clarity Simplicity Private Client

For a Free* consultation with our Power of Attorney and Guardianship lawyers based in Glasgow call us today on 0808 169 7318 or complete our online enquiry form and let us help you.

In the majority of divorces, it's not uncommon for both parties to have shares in a family-owned company. Most often, the company includes others in the family, but the most typical situation is one where spouses own 50 per cent of the shares each. This arrangement is often been recommended by the accountant of the family to reduce the burden of tax on income.

Last month, government guidelines were announced to control the spread of coronavirus (COVID-19) in the UK. As of the 23 March, the public has been told to stay at home apart from necessary food shopping, one form of exercise a day, and work for those listed as ‘key workers’. Part of the restrictions also included not meeting family members who do not share your home.

As China begins to get a glimpse of life on the other side of coronavirus, it seems that not everyone has been feeling the love during quarantine. It emerged that divorce rates in the country have soared, as couples were forced into spending time together in mandatory lockdown.

Scotland’s cohabitation laws are in urgent need of reform as they do not support those going through the grieving process of a cohabitant’s death, according to the Law Society of Scotland.

Last month, the Public Petitions Committee in the Scottish Parliament received evidence from a campaign group seeking to extend adoption rights to people over the age of 18.

What about the house? Who gets the car? In our new video, Complete Clarity outlines some of the most important questions that can arise – and indeed our family lawyers can help you to answer all of the main questions you may have when you are considering divorce, separation or dissolution of a civil partnership.

The divorce of celebrity couple Johnny Depp and Amber Heard has now been finalised in a Los Angeles court, various media outlets have reported.

The UK Government has published details of research into the effectiveness of the Child Maintenance Service (CMS).

Consensus Collaboration Scotland - an organisation comprised of Scottish lawyers, family consultants and financial specialists - have conducted research into how family breakups in employee’s personal lives are affecting Scottish businesses.  

Last year, the Centre for Social Justice estimated that the annual cost to the government of a family breakdown was £46 billion, but the new study shows the damage to individuals and businesses that separation and divorce can cause.

Aberdeen is one of two Scottish locations that have been selected to pilot a new domestic violence disclosure scheme.

A former husband and wife from America have been going through a series of bitter legal disputes associated with their divorce that have lasted for the past 17 years - seven years longer than the duration of their actual marriage, reports Cincinnati.com.