A Power of Attorney is a legal document. It allows a person to choose other people to make decisions on their behalf.
The people chosen to make decisions on your behalf are known as attorneys. You can have more than one attorney.
There are different types of Power of Attorney in Scotland:
- Financial PoA – This allows your attorney (or attorneys) to make decisions about things such as paying bills, dealing with the bank and selling your house. You may choose for your attorney (or attorneys) to have this power straight away or at a later date. For example, they may have this power when you are no longer able to make decisions for yourself (you lack mental capacity).
- Welfare PoA – This allows your attorney (or attorneys) to make decisions about things such as your treatment, care, medication and where you live. This power will only come into effect when you are not able to make these decisions for yourself. This means that even if you make a Welfare Power of Attorney, you remain in control of making decisions about your welfare for as long as you are able to make decisions for yourself.
- Combined PoA – This gives financial and welfare powers.
Many people choose to make both Powers of Attorney at the same time. But you can just make one if you prefer.