The Key Decisions Behind a Strong and Clear POA
Setting up a Power of Attorney is one of the most important legal documents you’ll put in place but it’s not just about choosing who to appoint. What the document actually covers matters too.
This guide walks through the essential powers and choices you’ll need to think about before your solicitor drafts the POA.
The Powers You Want to Include
There are two types of Power of Attorney in Scotland:
- Continuing powers – cover finances, property, banking, bills, legal matters
- Welfare powers – cover care, medical decisions, and where you live
You can include one or both — most people include both so everything is covered.
When the Powers Should Start
Continuing powers can begin right away or only if you lose capacity. Your solicitor will help you decide what suits your needs.
Welfare powers only take effect if you become unable to make decisions yourself.
Whether to Include Any Limits or Instructions
You can give your Attorneys full flexibility or include limits, instructions, or preferences.
For example:
- Do you want them to get advice before selling a home?
- Do you want to restrict large gifts or donations?
- Do you want to specify certain people to consult?
Your solicitor can help you get the balance right — protecting your wishes without overcomplicating things.
What Happens if Your Attorney Can’t Act
You can name substitute Attorneys, in case your original choice can’t act or steps down.
You can also set out whether joint Attorneys must act together, or if they can act separately. Your solicitor will explain the pros and cons.
Additional Clauses for Specific Situations
Some situations benefit from tailored clauses — for example:
- Jointly owned property (especially if your home is shared)
- Business assets
- Blended families or family tensions
The wording of your POA matters and getting advice early makes a big difference.
Ready to Put Your POA in Place?
We’ll walk you through every step — from choosing your Attorney to tailoring the document to your life.
📄 [Download our Choosing an Attorney Checklist ›]
📞 [Speak to your local solicitor ›]
✍️ [Arrange an appointment or chat things through ›]
