Power Of Attorney

A power of attorney is a legal document that allows someone to make decisions for you or act on your behalf in the event that you become unable to.

It may seem daunting but it can also provide peace of mind that legal aspects are in place should you ever need them.

We encourage carers to ask about what power of attorney could mean for them, and our support workers can talk you through the process.

About power of attorney

  • A power of attorney gives someone else permission to make decisions about your money and property as well as your health and personal welfare.
  • You can choose person who you would like to act on your behalf. This is the attorney.
  • The attorney should be someone you trust, like a friend or family member.
  • There are two types of power of attorney. A continuing power of attorney relates to decisions about your money and property, while a welfare power of attorney relates to your health and personal welfare. You can choose a different attorney for each.
  • A power of attorney can be changed or cancelled after it has been registered.
  • A solicitor will charge a fee for drawing up a power of attorney.

Who needs a power of attorney?

  • Anyone can ask their solicitor to prepare a power of attorney. Your capacity to make decisions may change over time, so it can be useful to have a power of attorney in place.
  • Without a power of attorney, no one has the right to act on your behalf, which means your family or friends may have to go through legal proceedings to make decisions for you.

Further information

For more information, visit the Law Society of Scotland.

Choosing a power of attorney is a difficult decision and it is important to seek independent advice. Your solicitor can help with this.