The Adults with Incapacity (Scotland) Act 2000 provides ways to help safeguard the welfare and finances of people (aged 16 and over) who lack the capacity to take some or all decisions for themselves, because of a mental disorder or inability to communicate. It allows other people to make decisions on their behalf. If you are able to make decisions for yourself at the moment, there are a number of things you can do now, to protect your interests, in the event that you lose capacity in the future.
What you can do for yourself now
- A simple way to ensure your money will be managed is to have a joint bank account with someone you trust. You and the other signatory will need to sign an 'either or survivor' mandate. If you lose capacity, the other signatory will be able to continue to operate the account. You could set up a joint account to deal with only your income and expenditure. This will make it easier for tax purposes.
- Another way for others to act for you is to set up a continuing and or welfare power of attorney. You can appoint someone you trust (or more than one person), to be your attorney and you grant them specific powers to act if and when you become incapacitated. In legal terms, you become the 'granter'. This is a bit like taking out an insurance policy. The need to use the power of attorney may never arise, but if it does then arrangements of your choice are in place. There is a 'once only' cost, which is relatively low, and much less than your annual car insurance or standard cover for your electrical equipment!
A power of attorney is a document in which
- you appoint the person or persons you want to act for you
- you list the sorts of decisions that you want your attorney to be able to make, should the need arise
Attorneys must always abide by the five principles, set out in the Act. These are designed to ensure that your needs and wishes are fully taken into account.