What are the types of Power of Attorney in Scotland?
A Power of Attorney is a legal document setting out who you wish to make decisions on your behalf if you become unable to do so yourself. There are three types of Power of Attorney in Scotland;
- Continuing Power of Attorney
- Welfare Power of Attorney
- Continuing and Welfare Power of Attorney
What is a Continuing Power of Attorney in Scotland?
A Continuing Power of Attorney allows your chosen attorney to manage your property and finances. This includes making decisions about your house, paying your bills, and claiming benefits on your behalf if you cannot do so yourself.
A Continuing Power of Attorney can come into effect immediately once the document has been registered, if you require help managing your property and finances. If you wish for the Continuing Power of Attorney to come into effect only if you lose capacity, this can be stated in the document.
What is a Welfare Power of Attorney in Scotland?
A Welfare Power of Attorney enables a person of your choosing to make decisions regarding your health and well-being if you become ill or sustain an injury, resulting in a loss of mental capacity. A Welfare Power of Attorney is appointed to make informed decisions to benefit you, including decisions about medical treatment, accommodation and your daily care.
What is a Continuing and Welfare Power of Attorney in Scotland?
A Continuing and Welfare Power of Attorney is just that – a combination of the two types mentioned above! This type of legal document allows your chosen person(s) to take care of you and your financial affairs if you lose capacity at any stage in your life.
Who can I appoint as my attorney in Scotland?
You can choose one or more people to act on your behalf as an attorney; however, if you appoint more than one person, you must state in the legal document how you wish for them to make decisions together. Decisions can be made jointly and/or individually – it’s up to you. You can discuss this with your solicitor while drafting your document, as they will be able to offer the best advice to you on this matter.
To have Power of Attorney in Scotland, the person(s) must be at least 16 years old and willing to take on the role. It’s important that whoever you choose to appoint is someone you know and trust to make the best decisions on your behalf. Often, close family members or friends are chosen as attorneys, as they have your best interests at heart.
At Watermans, our Private Client team is offering a 50% discount on Power of Attorney services to coincide with World Alzheimer’s Day. All appointments booked in by the end of September will be eligible for this discount, so call our team today on 0131 555 7055, or get in touch by filling out the form below.