A Continuing Power of Attorney allows you to legally appoint people to look after your property and financial affairs should you become incapable of doing so yourself at some point in the future. Package for use in Scotland.
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A Continuing Power of Attorney allows you (the "Granter") to legally appoint people (called "Attorneys") to look after your property and financial affairs should you become incapable of doing so yourself at some point in the future.
Before a Continuing Power of Attorney can be used by the Attorneys, it needs to be registered with the Public Guardian. It is recommended that Powers of Attorney are registered as promptly as possible after they are made. A Continuing Power of Attorney can be used straightaway, after registration, while you still have capacity if you choose, as well as after you become incapable.
This Continuing Power of Attorney allows you to appoint up to four Attorneys. It does not give the Attorneys power to make decisions regarding your health and welfare, such as care or medical decisions. It is only suitable where you wish to give the Attorneys a general power to deal with all your property and financial affairs.
The Continuing Power of Attorney document must incorporate a certificate signed by a Prescribed Person (a solicitor, a practising member of the Faculty of Advocates or a medical practitioner).
A Continuing Power of Attorney may be revoked at any time, either before or after registration, while the Granter has mental capacity. To revoke a Continuing Power of Attorney prior to registration with the Public Guardian, all that is required is to intimate in writing to the Attorney(s) that the Power of Attorney is revoked. A Deed of Revocation can be used for this purpose and a copy sent to the Attorney(s). The Power of Attorney will cease to be valid as soon as the Attorney(s) receive notice of the revocation. If the Power of Attorney has been registered you must inform the Public Guardian in writing that the Power of Attorney is revoked. A certificate completed by a Prescribed Person must be attached to the letter informing of the revocation.
You can view samples online of a completed Continuing Power of Attorney by following this link: View Sample.
This Continuing Power of Attorney package includes the following documents which are suitable for use in Scotland:
This document package is available individually or as part of a Continuing and Welfare POA (£11.28) or as part of a Full Annual Subscription (£199) - giving you access to all Clickdocs documents, packages and forms for a single annual fee. Other Power of Attorney forms:
If you are looking for a document similar to a Continuing Power of Attorney for use in England and Wales, follow this link: LPA - Property & Affairs.