Welfare power of attorney

If some day you become incapable of looking after your own personal welfare, i.e. your healthcare and social needs, a welfare power of attorney will ensure that these needs are taken care of by the attorney(s) you appoint. Your welfare attorney will have the legal authority to act for you but only when one or more doctors have certified that you no longer have the capacity to do so yourself. This means that you must draw up a welfare power of attorney while you are still capable of understanding what you are doing.

The welfare power of attorney is only appropriate for use in Scotland. If you need a document for use in England & Wales (Choosing a power of attorney) or Northern Ireland (Choosing a power of attorney), read our article on England and Wales or our article on Northern Ireland as appropriate.

What powers your attorney will have

The welfare power of attorney will give your attorney a general power over your welfare, as well as particular powers, such as the following:

• Deciding on your care arrangements
• Deciding where you should live
• Having access to confidential or personal information about your welfare, such as health records
• Making medical treatment decisions including giving (or denying) consent to medical treatment on your behalf and giving (or denying) permission on your behalf to participate in medical research.
• Making decisions on your clothes, personal appearance, diet, leisure activities or holidays

Registration

The welfare power of attorney must be registered with the Office of the Public Guardian in Scotland in order for it to be effective. You must complete a registration form and send it, together with your completed welfare power of attorney and the Public Guardian's fee, to the Public Guardian's Office. This can be done by post or online. The registration form can be accessed on the Public Guardian's Office website: Public Guardian in Scotland.

The Public Guardian issues a certificate of registration, which the attorney may subsequently need to use to confirm that they are validly exercising their powers. There is a fee payable to the 'Scottish Court Service', for registering a power of attorney. The Public Guardian will send you a copy of the welfare power of attorney when it is registered.

After the document is registered, your welfare attorney will only be able to use the powers granted in the document once one or more doctors have certified that you have lost the capacity to look after your own affairs. Even so, you still need to complete the registration process as soon as possible, to ensure a valid and effective document is in place when needed.

Continuing powers of attorney

A continuing power of attorney gives your attorney the power to look after your financial affairs. This means that they will have the power to do such things as pay your bills and operate your bank account.

As there is a close connection between making financial and welfare decisions, you may want to create both of these powers (continuing and welfare) at the same time. You can do this by creating these powers separately or in one combined continuing and welfare power of attorney.

Further information

If you need any further information, consult the Public Guardian's Office by visiting the Public Guardian's website.