Guiding You Through Powers of Attorney

Q: What types of Power of Attorney are there in Scotland?

There are three types: Continuing - for financial and property matters Welfare - for health and personal care decisions Combined - includes both continuing and welfare powers

Q: Who can I appoint as my attorney?

Anyone over 16 who you trust, such as a family member, friend, or solicitor. They should be capable and willing to act in your best interests.

Q: Do I need a solicitor to create a Power of Attorney?

No, but it is highly recommended. A solicitor ensures your document is legally sound and tailored to your needs.

Q: When does a Power of Attorney come into effect?

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Q: What is the Office of the Public Guardian (Scotland)?

This is the official body that registers Powers of Attorney and monitors how attorneys use their powers.

Q: How do I register my Power of Attorney?

It must be signed, certified, and submitted to the Office of the Public Guardian for registration before it can be used.

Q: Can I cancel or change my Power of Attorney?

Yes, if you still have capacity , you can revoke or amend it at any time.

Q: What happens if I don’t have a Power of Attorney and I lose capacity?

Your family may need to apply to the court for a guardianship order, which is more time-consuming, expensive, and stressful.

Q: Can I appoint more than one attorney?

Yes. You can have multiple attorneys acting jointly or separately, and even appoint different people for welfare and financial matters.

Making a power of attorney shouldn’t be a hard or complicated process. We’re experts when it comes to powers of attorney in Scotland.

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Simplified Power of Attorney Process in Scotland

We have outlined a simplified process when it comes to powers of attorney in Scotland. This list outlines the process in an easy to understand way. If you have any specific questions, we are contactable by the email or phone links below, or on our contact page.

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01.

The Written Document

In order to create a power of attorney a written document is needed which sets out the precise powers that the Granter wishes the Attorney to have. The document must be signed by the Granter. It must also state clearly that the powers are continuing, welfare or a combination of both.

02.

The Certificate of Capacity

The document must also include a statutory certificate signed by a solicitor registered to practice in Scotland, a practising member of the Scottish Faculty of Advocates or a registered and licensed medical practitioner which confirms that:

They have interviewed the Granter immediately before he/she signed the power of attorney document;
• They are satisfied either through their own knowledge or by consulting another person that the Granter fully understands what he/she is doing and the nature and extent of the powers he/she is giving.
• They have no reason to believe that the Granter is acting under any undue influence.
• A welfare power of attorney
• A continuing power of attorney
• A welfare and continuing, power of attorney.

03.

Attend The Notarisation

This requires to be completed and signed to enable the power of attorney to be registered.

04.

Power of Attorney

The power of attorney process is complete and the document will be registered.

Useful Information

Can I revoke a Power of Attorney?

Can a Power of Attorney be revoked? Mike Ramsay tells us “The Granter – you my client, can revoke...

The Certificate of Capacity

We, at Ramsay & Co will sign the required statutory certificate, confirming that: We have interviewed the Granter immediately...

How do I create a Power of Attorney?

The simple answer is to arrange an appointment to see Mike Ramsay. He will create the power of attorney;...

Get Quick Answers to Your Concerns

To some, Powers of Attorney in Scotland may be slightly different than other places such as in England, Wales or Ireland.

These questions are some of the most frequent that are asked when making a power of attorney.

Have additional questions? Contact us using the button below.

What is a power of attorney?

A power of attorney is a legal document that allows someone you trust to make decisions or act on your behalf it you become unable to do so due to illness or incapacity.

What types of Power of Attorney are there in Scotland?