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Editor’s Letter








                                                                                           Welfare Power of Attorney - Are You Up To Date?


                                     28                                 46                   As long as someone has mental

                                                                                             capacity, they can give someone
                                                                                             else the power to make                  Under the terms of Article 5(1) of
                                                                                             decisions on their behalf.  This        the European Convention of
                          Hello, and welcome to the September issue of ESPC Property & Interiors.
                                                                                             is known as granting a Power of         Human Rights, “Everyone has the
                                                                                             Attorney.  Welfare powers      VS       right to liberty…” and “No one
                          After a busy summer, you might be thinking about what’s next in your
                          property journey for the months ahead. Dare we say it, but in the world   typically include the power to   shall be deprived of his liberty…”
                          of property, the countdown to Christmas is on, and if you dream of   decide upon care and                  other than in some specific cases,
                          being settled in your ideal new home in time for the festive season, the   accommodation for the person    such as “the lawful detention… of
                          best time to act is now. We’ve got all the advice you need to start your   who granted the Power of        persons of unsound mind…”.
                          selling journey on page 24, while ESPC Mortgages’ David Lauder talks us   Attorney should they lose
                          through his predictions for the mortgage market on page 26.
                                                                                             mental capacity and cannot live
                                                                                             independently.
                          This month, we’re also sharing the results of our recent market research,
                          looking at the Scottish Government’s “green agenda” for homeowners,
                          and we’re examining the latest news from the rental market.
       Laura                                                                               Recent Sheriff Court cases have decided that traditional Powers of Attorney are no
                          We’re also speaking to Hannah Biddulph, who found her dream home – a   longer compatible with the wording of the European Convention of Human Rights.
                          renovation project packed with potential – using ESPC, and in the world
       Laura Mearns,                                                                       Attorneys are now having to apply to the  Sheriff  Court to obtain a Guardianship
                          of interiors, we’re spotlighting chic neutrals, and ways to make a compact
       Editor
                          kitchen feel luxuriously large.                                  Order to ensure that they can place their loved ones in care if the situation arises
                                                                                           where they can’t safely live at home. With careful planning, Powers of Attorney can
                          As  always,  you’ll  find  features  on  the  finest  homes  currently  on  the   now be drafted to ensure this doesn’t have to happen.
                          market, and a plethora of properties that might just take your fancy –
                          you’ll find hundreds more each week when you head to espc.com too.
                                                                                           When preparing new Power of Attorneys for clients, our best skills are listening.

                          Happy reading!                                                      We understand the nuances of Powers of Attorney and our team will craft
                                                                                                 wording to ensure that your wishes are always clearly represented.

       COVER IMAGE: John Lewis                All material published in ESPC magazine is copyright
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                                              in this publication are as far as possible checked for
       EDITORIAL: Laura Mearns                accuracy, but persons accepting or offering to accept
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