Types of power of attorney (PoA)
Under the Adults with Incapacity (Scotland) Act 2000, the PoAs outlined below must be registered with this office before they can be used. Please note that we do not register general PoAs.
There are 3 types of PoA:
Continuing PoA – gives powers to deal with money and/or property
Continuing (financial) powers can be used by the attorney immediately after the PoA document has been registered with us. If the PoA is only to be used in the event of your incapacity, it must clearly state that the powers are not to be used until this happens. You may wish to add a statement about who should make this decision about your incapacity.
Welfare PoA – gives powers to make decisions around health or personal welfare matters
Welfare powers may only be acted upon after the PoA has been registered with us and when you have lost capacity to make decisions on matters to which the powers apply. Read the definition of incapacity.
Combined PoA – gives continuing and welfare powers
The majority of PoAs registered with us are a combination of continuing and welfare powers. However, it is your choice as to the type of PoA you wish to grant.