In Scotland, a power of attorney (PoA) allows you to appoint someone to make decisions on your behalf This can include your finances, property, personal welfare, and medical decisions if you should lose the capacity to do so yourself. The person who completes the document giving the authority is the Granter and the person who is then given the authority to deal with these matters is the Attorney

There are two types of Attorney:-

  1. Continuing Power of Attorney: This allows the attorney to manage your financial affairs and property and can be used immediately after registration or can be activated upon incapacity.
  2. Welfare Power of Attorney: This allows the attorney to make decisions regarding your health and personal welfare but can only be used after you’ve lost the capacity to make those decisions yourself and after the PoA has been registered.

A Combined Power of Attorney combines both continuing and welfare powers. 

Most people are aware of the importance of having a Will in place but often, creating and appointing a PoA is overlooked. In many ways, a Power of Attorney is considered to be more important than your will. If you die without a will, then you will not be here to experience the fallout. However, if you get to a point of being unable to care for and make decisions for yourself without a power of attorney, someone will need to go to court to get the authority to act on your behalf, which can be a lengthy, costly, and onerous process for your family members.   

Frequently Asked Questions

Yes you can have sole, joint and/or joint attorneys.

Yes, you can but this will involve revoking your current Power of Attorney and creating a new one.

Currently the processing times at the OpG show that it is on average taking 10pm for a POA to be registered but could be longer. An expedited service is available for urgent cases and is processed in about 5 to 10 working days if the request is granted.

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