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Power of Attorney

Sample Power of Attorney

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The Adults with Incapacity (Scotland) Act 2000


Sample Powers of Attorney

We recognise that some customers may not have heard the term ‘power of attorney’ before and others may not know what a power of attorney document actually looks like. To assist customers identify what a power of attorney is and what the legal document could look like, samples of powers of attorney that have been registered with the Public Guardian have been placed on this website.

The sample powers of attorney meet the current registration criteria and are for information and advice purposes. The sample powers of attorney (three continuing, three welfare and three continuing & welfare) include the certificate which requires to be signed by a solicitor registered to practice in Scotland, a practising legal advocate or a registered and licensed medical doctor.

When creating a power of attorney you should consider carefully what powers you wish to be included in the document. The power of attorney document outlines the granter’s instructions therefore it is important that the wishes of the granter are stated in the document i.e. who is to be appointed, what type of appointment is to be given and which powers are to be given to the attorney(s).

It is also possible to add a clause to a Continuing Power of Attorney that states that the document is only to be used after the granter becomes incapable. Please note that if such a clause is added, a statement about determining incapacity must also be included e.g. I record that I have considered how my incapacity shall be determined for the purposes of this power of attorney.

Before drafting a power of attorney you may wish to consult a solicitor.

Sample Continuing Powers of Attorney

Sample Welfare Powers of Attorney

Sample Continuing & Welfare Powers of Attorney