Powers of Attorney

What is a Power of Attorney in Scotland?

A Power of Attorney (PoA) in Scotland is a legal document that allows you to appoint trusted individuals (Attorneys) to make decisions on your behalf should you become unable to manage your affairs. In Scotland, there are three types of PoA:

1. Continuing Power of Attorney (CPA): Covers financial and property matters.
2. Welfare Power of Attorney (WPA): Covers personal welfare and healthcare decisions.
3. Combined Power of Attorney: Includes both financial and welfare powers.

 A PoA is a document which includes a certificate signed either by a solicitor who is registered to practise law in Scotland or by a practising member of the Faculty of Advocates or by a registered UK medical doctor who holds a licence to practice.

What Are the Differences Between the Types of Power of Attorney?

Continuing Power of Attorney (CPA)

A CPA focuses on your property, finances, and personal affairs. Your Attorney can handle tasks such as:

• Managing your bank accounts.
• Paying bills.
• Overseeing investments.
• Running your business.

A CPA can come into effect as soon as it is registered, even if you still have the capacity to make decisions, provided you have consented to this.

Welfare Power of Attorney (WPA)

A WPA covers decisions about your personal welfare, including:

• Where you live (e.g., a care home or your own home).
• The type of medical treatment you receive.
• Decisions about day-to-day care and wellbeing.

A WPA only comes into effect if you lose the capacity to make these decisions yourself.

Combined Power of Attorney

A Combined PoA grants authority to your Attorney over both financial and welfare matters. This ensures a seamless approach to managing your affairs, particularly in situations where decisions in both areas overlap. For example:

• Paying for medical treatment (CPA) and deciding on the type of treatment (WPA).
• Arranging and funding long-term care (CPA) while ensuring your personal welfare needs are met (WPA).

When Should I Set Up a Power of Attorney?

Even at a young age, unforeseen circumstances such as illness or injury could leave you unable to make decisions for yourself. Having a trusted person (or persons) appointed as your Attorney can provide invaluable support in these situations. For example:

• Deciding on the type of medical treatment you receive.
• Managing your financial affairs, such as paying bills or handling investments.

It is never too early to put a Power of Attorney in place to ensure your wishes are respected and your affairs are managed properly.

Do I Need Both Types of Power of Attorney?

Yes, having both a Continuing and Welfare Power of Attorney is highly recommended. Situations often arise where decisions about finances and welfare are closely connected. For example:

• Your Attorney may need to access your funds (CPA) to pay for necessary care (WPA).

By setting up a Combined PoA, you ensure that all aspects of your needs are covered comprehensively.

How Can Kinherit Help?

The process of creating and registering a Power of Attorney in Scotland can be complex. The Office of the Public Guardian (Scottland) does not provide a template PoA, you would need to arrange for your PoA to be drafted. At Kinherit, we make it easy by:

• Guiding you through all the options and key decisions.
• Creating the necessary forms to save you time.
• Printing and sending documents with detailed signing instructions.
• Tracking your application and registration with the Office of the Public Guardian (Scotland).

By planning ahead with a Scottish Power of Attorney, you protect your interests and provide clarity for your loved ones in times of need.

Whether you are taking PoAs only with us, a Will or use our Hosted Planning & Handover service, copies of your PoAs can also be uploaded to your Kinvault, should they ever be needed. By using your Kinvault, you provide an additional back up in case your Attorneys need key information or support.