Welfare Power of Attorney (Scotland)
This document allows you to nominate up to four people to be your attorneys and make decisions about your health and social welfare in the event that you can no longer do so yourself.
If you would like to appoint an attorney to look after your financial affairs, you should use the Continuing Power of Attorney document, or if you would like to appoint the same attorney(s) to look after both your financial affairs and your personal welfare, the Continuing and Welfare (combined) 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, licenced 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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This document allows you to appoint someone to act as your attorney to look after your health and social needs in the event that you lose capacity to do so yourself.
This particular Power of Attorney (POA) will only permit your attorney(s) to look after your personal welfare. If you would like to appoint an attorney to look after your financial affairs, you should use the Continuing Power of Attorney, or if you would like to appoint the same attorney(s) to look after both your financial affairs and your personal welfare, the Continuing and Welfare (combined) Power of Attorney.
Start by completing the document ‘Welfare Power of Attorney’ and then use our document ‘Certificate for Scottish Powers of Attorney’ which is included in this pack. Please note that the completion of the Certificate is an essential requirement of granting a Welfare Power of Attorney in Scotland and your 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 Welfare Power of Attorney. The solicitor or doctor may charge a fee for completing the Certificate.
Welfare Powers of Attorney must be registered with the OPG in Scotland for them to be brought into effect. There is a separate fee for registration. This power will only come into effect when two doctors certify that you are incapable of making decisions for yourself.
This Power of Attorney will allow you to appoint up to three attorneys, or a sole attorney in combination with a substitute attorney.
This document is only suitable for use if you live in Scotland."
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