Independent Advocacy and Power of Attorney:

Power of Attorney is a provision in the Adults with Incapacity (Scotland) Act (2000) that allows you – the Granter – to grant legal powers to someone else – your Attorney – to make decisions on your behalf in the event that you can no longer make them for yourself.

The AWI Act assumes that everyone has the capacity to make their own decisions unless they are formally assessed as lacking the capacity to make decisions. If that happens, your Attorney can then use the Power of Attorney to make decisions on your behalf.

It is a good idea for everyone to grant Power of Attorney, but for someone with a long-term condition or a degenerative disease Power of Attorney is a necessity.

GP 1 copy

A Power of Attorney is a legal document that details who you want your Attorneys to be, and what Powers you want the Attorneys to have. Most people would use a solicitor to grant Power of Attorney, but it is possible to ‘Do It Yourself’ – although this still incurs a cost.

Ceartas can provide you with information about Power of Attorney, about the choices you need to make, and we can help to explain to your potential Attorneys what you are asking them to do. We can also help you to find local solicitors who can carry out the work for you, and help you understand the process and read over the documentation.

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