Power of attorney

Overview Types of power of attorney Why you might need power of attorney Setting up a power of attorney Paying for a power of attorney Being an attorney

Types of power of attorney

There are 2 different types of power of attorney available under the Adults with Incapacity (Scotland) Act:

• Power of attorney relating to your financial/property affairs is known as ‘continuing power of attorney’ and may be given with the intention of taking effect immediately and continuing on your becoming incapable. Or you can decide you only want it to begin if you become incapable.
• Welfare power of attorney allows someone you have appointed to make welfare decisions for you, and these powers can’t be exercised until such time as you have lost the capacity to make these decisions.

The power of attorney document must be certified by a solicitor or a medical practitioner.

They must interview the person granting the power of attorney immediately before the person granting the power of attorney signs the document. This is to make sure they’re aware of what they’re doing and are not under undue influence.

Powers of attorney, those which are to continue or begin in the event of incapacity, can’t take effect until they’ve been registered with the Office of the Public Guardian.