Question 1

What powers of attorney are used in Scotland?

Accepted Answer

United Kingdom - Scotland has two: a Continuing Power of Attorney, which covers property and financial affairs, and a Welfare Power of Attorney, which covers health and personal welfare. This page is general information, not legal advice; a qualified professional can advise on your own situation.

Question 2

Can a Lasting Power of Attorney be used in Scotland?

Accepted Answer

The Lasting Power of Attorney is the England and Wales document, made under different legislation. How a document made elsewhere is treated in Scotland depends on the circumstances, so a qualified professional can advise if this applies to you. Our United Kingdom - England and Wales page covers the Lasting Power of Attorney.

Question 3

When can a Scottish power of attorney be used?

Accepted Answer

It must be registered with the Office of the Public Guardian (Scotland) first. Welfare powers can generally only be used once you are unable to make the relevant decisions yourself. Continuing powers can generally be used once registered, while you can still make decisions, if the document allows it.

Question 4

How do we help?

Accepted Answer

We hold reviewed templates for both the Continuing and the Welfare Power of Attorney in Scotland. You prepare the document through our guided drafting, a professional reviews it before you sign, and it is stored alongside your will and other documents. You pay our fixed document fee, shown on the pricing page.

Question 5

Can I record treatment wishes as well?

Accepted Answer

We do not hold a Scottish template for recording advance treatment wishes, so for that we can refer you to a verified professional, whose fee is set and quoted by them. Our powers of attorney overview explains how referrals work.

Question 6

Can I change or cancel it later?

Accepted Answer

Generally, yes, provided you still have the capacity to do so. The exact process for changing or revoking a registered power of attorney is set by the Office of the Public Guardian (Scotland).

Continuing and Welfare Power of Attorney in United Kingdom - Scotland

Frequently Asked Questions about Scottish Powers of Attorney