POWERS OF ATTORNEY

Power of Attorney (POA) allows you to choose someone else to deal with third parties on your behalf, should you be unable to do so in the future.

In Scotland, there are three types of Power of Attorney:

  • Continuing Power of Attorney (CPA)
  • Welfare Power of Attorney (WPA)
  • Combined Power of Attorney, which is a combination of a CPA and WPA.

Continuing Power of Attorney (CPA)

This form of Power of Attorney allows you (the ‘granter’) to appoint someone to look after your property and financial affairs immediately, continuing into incapacity or if you become mentally incapable. It can also contain welfare powers, for example, to determine where you should live should you need to move due to changing levels of care need. Welfare powers can only come into effect on incapacity.

Welfare Power of Attorney (WPA)

This Power of Attorney enables your attorney(s) to make decisions about your health and welfare after you become incapable. These powers can include deciding where you will live and personal issues, such as medical treatment and personal care. Your attorney(s) can’t intervene while you have the capacity to make the decision for yourself.

Our expert team is able to assist you with advice in the preparation and drafting of Powers of Attorney. We are able to provide a fixed fee service in this area – please contact us for more information.

Our expert solicitors specialising in this area are:

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