Power of attorney
A Power of attorney (PoA) is a written document which will include a certificate signed by either a solicitor who is registered to practise law in Scotland or by a practising member of the Faculty of Advocates or a registered UK medical doctor who holds a licence to practise.
Why would I need one?
A PoA lets you plan what you want another person to do for you in the future, should you become incapable of making decisions about your own affairs.
Many people believe that a spouse, partner or family member will automatically be able to make decisions about their care should they become incapable of doing this themselves. However this is not the case in Scotland. If you do not have a Power of Attorney in place, your family do not have any legal rights to make decisions for you. For your own peace of mind, having a Power of Attorney written before you need it will make sure that you can choose who will be able to make decisions on your behalf if you need this to happen in the future.
There are different types of PoA which will allow you to give power to another person (or persons) to allow them to deal with money and/or property and/or give powers to make decisions around health or personal welfare matters.
Who can make one?
Anyone over the age of 16 can make a PoA, but will need to have capacity and be able to understand what you are doing by granting this.
- A comprehensive booklet about Power of Attorney is available from AgeUK
- PoA Scotland website has information relevant to Scotland
- Further information is available from Public Guardian Scotland
- Email: OPG@scotcourts.gov.uk
- Phone: 01324 678398
- Address: The Office of the Public Guardian, Hadrian House, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR