Having a Power of Attorney (“PoA”) drafted is an important part of planning for your future. When signed, a Power of Attorney authorises another person to be able to do certain things for you should you become unable to act in the future. There are various circumstances where this may be relevant, including the following:-

• mental disorder;

• learning disability;

• physical disability;

• a period of absence abroad; or

• inability to communicate

The following sections explain the various types of legal and practical issues which are best considered when drafting or instructing an expert to draft a Power of Attorney in Scotland:-

What is a Power of Attorney under Scots Law?

Types of Power of Attorney in Scotland

Benefits of a Power of Attorney in Scotland

Based in Glasgow, Scotland, our Scottish Power of Attorney experts can advise you on the best Power of Attorney for your circumstances. Call us today on 0141 416 0097.

What is a Power of Attorney?

A Power of Attorney in Scotland is the power to manage someone else’s affairs where that person is unable to act on his or her own behalf. The relevant provisions under Scots Law are contained in the Adults with Incapacity (Scotland) Act 2000 (as amended). There are various circumstances where this may be relevant.

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There are various different types of Power of Attorney in Scotland which could be relevant for a person’s circumstances.

If the person is able to take decisions about most of his or her affairs and provide consent, then power to handle his or her bank account may be relevant, in addition to a continuing power of attorney or a welfare power of attorney:-

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There are three main reasons why a Power of Attorney may be useful for you:-

• First, a Power of Attorney provides a safeguard if your capacity becomes impaired in respect of important day to day functions in your life

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A simple Power of Attorney is one which continues to be of use where a person is abroad or where it is convenient to delegate powers for general or specific purposes. Such a Power of Attorney may include various powers depending on the way in which the solicitor or other Power of Attorney expert drafts it.

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Why have a Continuing Power of Attorney in Scotland?

Continuing Powers of Attorney (CPAs) in Scotland can be useful where a person needs help or where the person is worried about being unable to make decisions in the future.

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