A Continuing and Welfare Power of Attorney form allows you to legally appoint people to look after your health, welfare, property and financial affairs should you become incapable of doing so yourself at some point in the future.
What is a Continuing and Welfare POA?
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.
A Welfare Power of Attorney allows the Granter to legally appoint Attorneys to make decisions with regard to your health and welfare should you become incapable of doing so yourself at some point in the future.
If you wish to make both a Continuing Power of Attorney and a Welfare Power of Attorney and you wish to appoint the same Attorney(s) for both, then you can use this combined Continuing and Welfare Power of Attorney. This Power of Attorney sets out continuing and welfare powers in the same document - so you only need to register one document and pay one registration fee rather than two.
The power of attorney document must be used in conjunction with a prescribed certificate.
How do I set up a Continuing and Welfare POA?
Before a the POA 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 Welfare Power of Attorney can only be used once the Granter becomes incapable.
You can appoint up to four Attorneys. This combined POA relates to your health and welfare and your property and financial affairs. The Continuing and Welfare Power of Attorney must incorporate a certificate signed by a Prescribed Person (a solicitor, a practising member of the Faculty of Advocates or a medical practitioner). It must also contain a statement that the Granter has considered how they would wish their incapacity to be determined.
A POA may be revoked at any time, either before or after registration, while the Granter has mental capacity. To revoke a Welfare 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.
This Continuing Power of Attorney and a Welfare Power of Attorney is suitable for use in Scotland includes the following documents in the package:
- Continuing and Welfare Power of Attorney
- Prescribed Certificate to be incorporated in the Power of Attorney
- Deed of Revocation (to cancel or revoke a Power of Attorney before registration)
- Prescribed Certificate to revoke Power of Attorney after registration
- Guidance notes on how to complete, register and revoke the Power of Attorney
- Registration Form.