Powers of attorney

If you lack mental capacity to make a particular decision it may be necessary for someone else to make that decision on your behalf.

Mental capacity means being able to make and communicate your own decisions. Someone might lose their mental capacity to make certain decisions if‚ for example‚ they have a stroke‚ are suffering from mental illness or develop dementia. The decisions could be about day-to-day things like what to wear or when to pay a bill‚ or they could be more important decisions such as where you should live or whether you should have a certain type of medical treatment.

The Adults with Incapacity (Scotland) Act 2000)

The Adults with Incapacity (Scotland) Act 2000 has four provisions which cover mental capacity, and provides a range of options to help those who are or may become incapable for looking after their own financial or welfare affairs. These are:-

Part 1 - Investigation of concerns

Part 2 - Powers of Attorney

Part 3 - Access to Funds

Part 6 - Guardianship and Intervention Orders

The Adults with Incapacity (Scotland) Act was amended when The Adult Support & Protection (Scotland) Act 2007 received Royal Assent on 21 March 2007.

Powers of attorney

You might want someone to look after your financial affairs even if you are still mentally able to do so yourself. This could be because you are going abroad for a while‚ or going into hospital‚ or even because you just want some help keeping things in order. In Scotland, powers of attorney can be given in relation to your financial affairs or your personal welfare or in relation to both areas.  This means you can appoint a friend, relative or professional to hold a power of attorney to make decisions for you.

Types of Power of Attorney

• a welfare power of attorney, which gives the Attorney the ability to make decisions about your welfare.
• a continuing power of attorney, which gives the Attorney the ability to deal with your financial affairs
• or a welfare and continuing power of attorney, which allows the Attorney to deal with both your financial and welfare decisions.

For more information about Powers of Attorney, you can contact the Office of the Public Guardian (Scotland).