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Power of Attorney and Mental Capacity

It is good to plan for the legal and family issues which may occur in later life but many people put off planning when they could be taking steps to have as much control as possible over their lives.

Power of Attorney

  • A Continuing Power of Attorney enables you to appoint someone to look after your property and financial affairs either to help you straight away, or only if you lose the capacity to do this yourself.
  • A Welfare Power of Attorney enables you to appoint someone to make decisions about your health and welfare but only if you are unable to do this yourself. 

To find out more download our guide below.

A guide to Power of Attorney in Scotland

Supporting someone else

You can find out about how to help someone who needs support to look after their money in our guide 'Ways to help someone manage money and benefits'. If you are supporting someone who did not set up a Power of Attorney and cannot make important decisions for themselves you may need to take legal steps to be able to help them, see our guide 'Legal options for people who have lost capacity'.

Ways to help someone manage money and benefits

Legal options for people who have lost capacity

Mental Capacity

Mental capacity is a complex issue, as people can have the ability to make some decisions but not others, and capacity can vary from day to day or throughout the day. You can find more information in our 'Guide to mental capacity in Scotland'.

Guide to mental capacity in Scotland

Further Information

For more information about Power of Attorney and the responsibilities of Attorneys, see the website of the Office of the Public Guardian in Scotland. You can find expert information about mental capacity on the mental welfare commission’s website.

The Age Scotland Helpline

Call our helpline on 0800 12 44 222 for free to speak to an advisor. Open Monday to Friday 9am - 5pm.

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