Continuing Power of Attorney (Scotland)
This document allows you to nominate up to four people to be your attorneys and make decisions about your financial affairs in the event that you can no longer do so yourself.
If you would like to appoint attorneys to look after your welfare, i.e. your health and social needs, use the Welfare Power of Attorney document, or if you would like to have the same attorneys look after your financial affairs and your personal welfare, use the Continuing and Welfare Power of Attorney document.
Continuing Powers of Attorney must be registered with the OPG in Scotland for them to be brought into effect. You must complete a registration form and send it to the OPG Scotland. See more on the OPG Scotland website.
There is a separate fee for registering a Power of Attorney which must be enclosed when a Power of Attorney is sent to the OPG Scotland for registration, and there are certain circumstances where you may be entitled to claim a fee exemption. Details of fees can be found on the OPG Scotland website.
Please be aware that for the document to be valid, it must include a certificate by either a solicitor, licence medical practitioner, or a practising member of the Faculty of Advocates, confirming you have mental capacity at the time the document is signed, and you are not under any pressure to sign the document. This certificate is compulsory in Scotland, and there is likely to be a fee payable to the individual who provides the certificate. You will need to make arrangements for the certificate to be provided. We cannot provide this certificate for you. For more information please see the OPG Scotland website.
This document is only suitable for use if you live in Scotland.
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You can use this pack to appoint someone as your attorney to look after your financial affairs and personal welfare (health and social needs) in the event that you were to lose capacity to do so yourself.
Your attorney can either take up the financial power immediately or, if you choose, not until two doctors certify that you are incapable of making these decisions for yourself.
The welfare part of this Power of Attorney will only come into effect with the medical certification.
This Power of Attorney will allow you to appoint up to three attorneys, or a sole attorney in combination with a substitute attorney.
Start by completing the document ‘Continuing and Welfare Power of Attorney’ and then use our document ‘Certificate for Scottish Powers of Attorney’. Both of these documents are included in this pack. Please note that the completion of the Certificate is an essential requirement of granting a Continuing and Welfare Power of Attorney in Scotland and your Continuing and Welfare Power of Attorney will not be registered by the Office of the Public Guardian (OPG) unless a solicitor or doctor has signed the appropriate Certificate attached to the Continuing and Welfare Power of Attorney.
The solicitor or doctor may charge a fee for completing the Certificate.
Continuing Powers of Attorney and Welfare Powers of Attorney must be registered with the OPG in Scotland for them to come into effect. You must complete a registration form and send it to the Public Guardian’s Office. See more on the Public Guardian Scotland website.
There is a separate fee for registering a Power of Attorney which must be enclosed when a Power of Attorney is sent to the Public Guardian’s Office for registration. Please see our Guidance Notes for further details on registration.
This particular Power of Attorney is only for use if you live in Scotland and where you would like the same attorney(s) to look after your financial affairs and your personal welfare.
|Continuing Power of Attorney (Scotland)||
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* The legal review involves our wills specialists reviewing the answers you provided when completing your document questionnaire. It provides comfort that if you properly execute or sign your document it will comply with legal formalities and meet the requirements you specified.