The Adults with Incapacity (Scotland) Act 2000 provides ways to help safeguard the welfare and finances of people who lack capacity.
It protects adults (people aged 16 or over) who lack capacity to take some or all decisions for themselves because of a mental disorder or an inability to communicate.

The Act also lets you make arrangements for another person or persons to make decisions and manage affairs on your behalf if you lose capacity in the future and to ensure your family and representatives have appropriate authority to act on your behalf. An information sheet on the  benefits or value of granting a Power of Attorney can be downloaded here.

We recommend that all of our clients make a Will and also a Welfare and Continuing Power of Attorney.

A  Welfare and Continuing  Power of Attorney is appropriate only for individuals who understand the nature and effect of granting a Power of Attorney and is not appropriate for persons who are suffering from Mental Incapacity which prevents them instructing or understanding the nature and effect of the Power of Attorney. A requirement of the Act is that the Power of Attorney must be signed in the presence of a Solicitor who will certify that the granter of the Power of Attorney understands the nature and effect of the Power of Attorney and has  no reason to believe the granter was acting under undue influence (of any third party) or that any other factor may invalidate the granting of this power of attorney(eg illness or medication). It is possible to obtain confirmation from a Doctor that sufficient capacity exists.

The Attorney can be a spouse, civil partner, family member, friend or the solicitor and can act alone, or jointly or severally, to meet the granters requirements. The Powers will only become effective when the document is registered with the Office of the Public Guardian and the document can provide that it will only be used when a doctor certifies that the granter has lost capacity. The Attorney must be willing to act in the capacity of Attoney and requires to sign an the Power of Attorney registration Form that he or she is willing to act and is not currently declared bankrupt.

Download our Power of Attorney Instruction Form.

In certain circumstances, we may be prepared to visit clients at home or in hospital to sign Powers of Attorney. We are unable to accept instructions from third parties or family members  to prepare Powers of Attorney for friends or  relatives.

*It will be necessary, before completion of a Power of Attorney for the client, to provide us with evidence of identity, verification of current address together with verification of your National Insurance Number. Solicitors and mortgage lenders require to comply with regulations to prevent money laundering and and we shall require your driving licence or passport together with evidence of your current address e.g. Council Tax Demand, Rent Book, gas, telephone or electricity accounts and verification of your National Insurance Number.

If it is not convenient for you to call into the office, please arrange to forward the documents to us by post and we shall arrange for these to be returned as soon as the relevant details have been noted.

**The costs of a Continuing and Welfare Power of Attorney are detailed in the instruction form (Download here)