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Powers of Attorney

A power of attorney is a document in which you appoint someone you trust to look after your affairs. The person you give the power to manage your affairs is called your attorney.

Powers of attorney are the best way for you to have maximum say in what happens if one day you can't make decisions yourself. Until that time, you are in control. Keep the document safe, and make sure someone you trust knows where it is.

The new Act makes it possible to have two powers of attorney. You can have one for your financial matters (a continuing power of attorney) and one for your personal welfare (a welfare power of attorney). You don't have to choose the same person to do both.

A person can grant a power of attorney only if capable of understanding what he or she is doing. No-one, not even close relatives, can arrange power of attorney for someone else, so it must be done while you are able to express your own wishes.

If you or your potential attorney would like more information on the role of the attorney, the Scottish Executive has published a code of practice.

Page updated: Wednesday, July 4, 2007