Power of Attorney
You may be considering granting Power of Attorney (PoA) for yourself or for the person you care for. Power of Attorney is an important safeguard and future plan for anyone, regardless of your age or current health conditions.
What is Power of Attorney?
A PoA is a written document giving someone else authority to take actions or make decisions on your behalf. This could be to deal with your financial affairs and / or welfare matters. It could be used in the future if you become incapable.
The PoA details the names of the people, known as attorneys, who you want to help you, and lists the individual powers that you want them to have. The PoA will also state when your attorneys can begin acting.
How Can I Create a PoA Document?
If you a looking to create a Power of Attorney for yourself or a loved one, most solicitors offer this service. You can also purchase Power of Attorney packs from other sources at a lower price.
Carers of West Lothian offer a Power of Attorney clinic, in collaboration with Solicitors for Older People in Scotland. This goes through everything you need, and will also check if you are entitled to any legal aid.
These run twice monthly, and are delivered over the phone or via Zoom.
What does the PoA process look like?
Depending on your chosen route of obtaining a Power of Attorney document, there can be different timelines for your journey. If you choose to go through our PoA clinic, after making an appointment there will be an initial consultation where the solicitor will discuss your situation, and then they will follow up after.
Processing times for a Power of Attorney document can vary, and generally, there is around a 6-month waiting period. If your application is urgent, you can apply for it to be expedited, however you must provide evidence for this.
The Office of Public Guardianship provide weekly updates about processing times, which you can view on their website:
Who shall I appoint as my attorney?
You can appoint anyone you want, over the age of 16. This could be a family member or a friend, a solicitor or accountant, or a combination. It’s usually a good idea to have more than one attorney, or maybe what is called a substitute attorney to step in if your attorney can no longer do things for you.
You can appoint someone to deal with your financial matters and someone different to deal with your personal welfare.
It is good practice to discuss with the person you want to be your attorney what being an attorney actually involves. It will be helpful if you keep a note of the matters discussed and give your prospective attorney a copy too. Although, it’s your choice who to appoint, you cannot appoint someone who is currently declared as bankrupt to deal with your financial and property affairs.
Book an appointment.
CoWL work in partnership with Solicitors for Older People Scotland (SOPS) - a group of Scottish Law firms - who can provide information on various legal matters and guide you through the process from start to finish.
Appointments take place on the phone and are by appointment only.
Book your appointment below.
When would I get a Guardianship Order instead of Power of Attorney?
A Guardianship Order is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. When someone is impaired suddenly or gradually without a power of attorney document, a person of interest may then apply for a guardianship order.
Guardianship is generally more of an expensive and laborious process than power of attorney, so it is encouraged to apply for a power of attorney before the need arises for a guardianship order. If you’d like to know more about Guardianship, please visit our information page.
Download our factsheet on Power of Attorney
Your most asked questions
About Power of Attorney and Guardianships
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Anyone over the age of 16 can make a PoA.
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You can apply for a Power of Attorney for yourself or a loved one at any time. Although you may not need it now, accidents or illness can happen to anyone and it’s an important safeguard.
With the current waiting time to receive the document, applying now can help you just in case an emergency did happen.
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A person with incapacity is someone who is unable to make or communicate informed decisions about their personal, financial, or medical matters due to a physical or mental condition.
This could be due to various reasons such as a serious illness, cognitive disorders (like dementia), brain injuries, or mental health conditions that impair their ability to understand or process information needed to make decisions.
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No one has an automatic right to take actions on your behalf without legal authority. If you are unable to make decisions about your affairs, your family or friends may have to go to court to get the authority to act on your behalf.
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No, nobody likes to think that they may not be able to look after themself but accidents or illness can happen to anyone.
More questions on PoA?