While few of us like to dwell on the possibility of losing the ability to manage our affairs, taking steps now to plan ahead is a vital part of life and estate planning. A Power of Attorney gives someone you trust the legal authority to act on your behalf if you can no longer make decisions for yourself. In Scotland, having a Power of Attorney can provide reassurance and ensure your wishes are carried out smoothly when it matters most.

Understanding Powers of Attorney

A Power of Attorney is a legal document that authorises another person — your attorney — to make decisions for you. This can cover your finances, property, and personal welfare. Certain types of Power of Attorney in Scotland will remain effective even if you lose capacity later. Without one, your loved ones would need to go through the courts to apply for a guardianship order, which can be time-consuming, costly, and stressful.

Different Types of Power of Attorney

Under Scots law, there are three key types of Power of Attorney:

• General Power of Attorney – This gives broad powers but comes to an end if you lose capacity.
• Continuing Power of Attorney – This relates to your financial and property affairs and can take effect immediately or only if you lose capacity.
• Welfare Power of Attorney—This allows someone to make decisions about your personal welfare, such as your living arrangements or medical care, but only once you are no longer able to do so yourself.

Often, individuals grant a Combined Continuing and Welfare Power of Attorney, covering both areas within one document.

Choosing the Right Attorney

Selecting your attorney is a profoundly personal decision. It should be someone you trust to act in your best interests and who understands your values. Many people appoint a spouse, family member, or close friend, but it is also possible to appoint a professional, such as a solicitor. You can name more than one attorney and specify whether they must act jointly or independently. It is also wise to nominate a substitute attorney in case your first choice is unable or unwilling to act when needed.

Granting a Power of Attorney in Scotland

You must fully understand what you are signing to grant a Power of Attorney. A solicitor or doctor must certify this, confirming that you have the necessary mental capacity. For Continuing and/or Welfare Powers of Attorney, registration with the Office of the Public Guardian (Scotland) is required before the document takes effect. Without registration, your attorney would not have legal authority to act. A solicitor can guide you through the process, ensuring the document is prepared correctly, tailored to your needs, and fully compliant with legal requirements.

Why It’s Best Not to Delay

While many associate incapacity with old age, life can be unpredictable, and serious illness or accident can occur at any time. By making a Power of Attorney now, you ensure that someone you trust can step in without delay, sparing your loved ones the burden of seeking court authority. Like writing a will, putting a Power of Attorney in place is a wise and forward-thinking decision that is best made in advance.

Speak to Our Team Today

At Maloco Mowat Parker, we can help you plan for the future with confidence. Our experienced solicitors will guide you through the process of granting a Power of Attorney, ensuring everything is correctly set up to protect you and your loved ones. If you would like advice or assistance, please get in touch with us today.