Making A Power of Attorney
Making a Power of Attorney online with POA Scotland is easy.
Just follow these steps and your Power of Attorney will be ready to print and sign in no time
Three Easy Steps to Make a Power of Attorney
What information do I need to make my Power of Attorney ?
Before you begin to make your Power of Attorney, we recommend you gather all the information you need to complete the questionnaire.
You will need your full name and address.
You should complete your name as it is shown on official documents such as your passport or bank accounts. If you are known by another name you can add this to our questionnaire.
You must have an address in Scotland or have property in Scotland to make a Scottish Power of Attorney. You will need to know your postcode.
Your attorney's details
You will need the full name and address (including postcode) of each of your attorneys. Your attorneys do not need to be based in Scotland although having at least one attorney based in Scotland can give your practical help.
We strongly recommend you speak to your attorneys in advance.
This is because each attorney must sign a form to agree to be your attorney. Don’t worry we send you these forms along with your Power of Attorney.
When is your Power of Attorney to come into effect ?
Your Welfare Power of Attorney only comes into effect when (or if) you become incapable of making decisions.
Your Continuing (financial) Power of Attorney can come into effect at any time you choose. This allows you to allow your attorneys to pay your bills and look after your finances, even if you are capable but need help such as speaking to organisations on the telephone.
If you trust your attorneys, it is a good idea to allow your Continuing Power of Attorney to come in to effect at any time. This is because it will allow your attorneys to pay you bills and look after your finances if you are in hospital but you are still mentally capable.
Who is to decide if you are incapable ?
As your Welfare Power of Attorney only comes into effect if you are incapable, you must choose who is to decide if you are incapable.
At POA Scotland we let you choose whether you would like a doctor to decide or you trust you attorneys to decide.
If you trust your attorneys completely, it is a good idea to allow your attorneys to decide. This gives your attorney maximum flexibility and allows decisions to be made quickly as soon as you need help.
If you choose a doctor your attorneys will need to get a letter from a doctor saying you are incapable before they can make any decisions for you. This can cause delays with your health and care.
Frequently Asked Questions
How much does it cost to make a Power of Attorney ?
At POA Scotland, it costs £90 to make a Power of Attorney. That’s every Power of Attorney. No if no buts, just one simple price.
Our mission is to make Power of Attorney available to every one. So we use technology to keep the costs as low as possible.
We recommend you make a Continuing and Welfare Power of Attorney. That’s because it protects your finances and your welfare. It also saves you money as it is one Power of Attorney to pay for and register.
Does it cost more to make a Continuing & Welfare Power of Attorney ?
Absolutely not. We use technology to allow you to make a Continuing and Welfare Power of Attorney as one document. This saves you money in making your Power of Attorney.
It also saves you money in registering your Power of Attorney.If you made two separate Powers of Attorney for finances and welfare, it would be twice the cost to register you Power of Attorney
Does it cost more to have more than one attorney ?
At POA Scotland you can appoint up to three continuing and welfare attorneys at no extra cost. When you complete the questionnaire you will be asked how many attorneys you would like to appoint. Just add the full names and addresses of your attorneys and we do the rest.
We use technology to keep our costs as low as possible so that we can fulfill our mission to make power of attorney available to everyone in Scotland.
How much does it cost to register a Power of Attorney ?
The current fee to register your Power of Attorney with the Office of the Public Guardian is £81.
If you make separate Continuing (financial) and Welfare Powers of Attorney, the registration fee is £162. Therefore, you save on registration fees by making a combined Continuing & Welfare Power of Attorney.
You may qualify for an exemption from this fee and you can find out more from the Office of the Public Guardian. We send you the form to apply for an exemption when you make your Power of Attorney with us.
How long will it take to make my Power of Attorney ?
Depending upon how many attorneys you would like to appoint, it will take about 10 – 15 minutes to make you Power of Attorney.
To make it as quick as possible make sure you have all of the details ready. You should also think about when you would like your Power of Attorney to come into effect and who is to decide if you are incapable.
When you have completed the questionnaire and paid, you can print your Power of Attorney straight away. We also send you and email with your documents.
How do I pay for my Power of Attorney ?
You pay using your debit or credit card through our payment provider, Stripe. When you have completed the questionnaire you will be taken to our secure payment page. Here you will add your payment details and depending on whether you have used Stripe before you may receive a code to complete your payment.
Stripe may look a little unusual but please be assured it is fully secure. We do not hold any of your payment details, this is managed by Stripe on the secure payment platform.
What do I receive from POA Scotland ?
When you make your Power of Attorney with us, you receive everything you need to sign and register your Power of Attorney.
So, when you have paid, you will be taken to a page where you can download and print all of the documents you need.
The documents you will need are : your Power of Attorney; Certificate of Capacity; registration forms; and fee exemption form. We also give you detailed instructions on how to sign and register your Power of Attorney.
You will be able to print your documents straight away and we will also send these to you in an email.
What powers should I include in my Power of Attorney ?
At POA Scotland we aim to provide you with a Power of Attorney that will secure your whole future.
We have over 15 years experience of making Powers of Attorney. Therefore, we include all of the powers your attorney will need to look after your finances and welfare. This means that you don’t have to think about what powers to include.
You should read your Power of Attorney in full to make sure you understand it before you sign. If you would like to ask any questions or change the Power of Attorney, just contact us.
What type of Power of Attorney should I make ?
We recommend you make a Continuing and Welfare Power of Attorney.
This is because it gives you full protection for your finances and for your health and welfare. It also costs less money because two documents are combined into one and there is only one fee.
When should my Power of Attorney come into effect ?
Your Continuing Power of Attorney can come into effect straight away or only when you are incapable. Your Welfare Power of Attorney can only come into effect when you are incapable.
Provided you trust your attorneys completely, we recommend that your Continuing Power of Attorney comes into effect straight away. This will allow your attorney to help you
What does incapable mean ?
The law which makes a power of attorney possible also says what incapable means.
To be incapable you must be incapable of making decisions, acting on, communicating, understanding or retaining the memory of decisions. This must be due to a mental disorder or inability to communicate because of a physical disability.
Who decides if I am incapable ?
We ask you to choose whether only a doctor can decide if you are incapable or if your attorneys can decide. It is your choice, you may only want assistance if a doctor says you are incapable.
If you trust your attorneys completely then it can make things easier if you allow your attorneys to decide. This is because they can begin to act for you without a letter or certificate from a doctor
Do I have to tell my attorneys I am making a Power of Attorney ?
We strongly recommend you tell your attorneys and speak to them before you make your Power of Attorney.
This is because the Office of the Public Guardian require the attorneys to agree to be your attorney. Because of this your attorneys must sign a form to agree to be your attorney.
It is also because it’s important your attorneys know what you want. The only way you can guarantee this is by speaking to them in advance.
Can someone with dementia make a Power of Attorney?
Someone with dementia can make a Power of Attorney. Just because you or a relative may have received a diagnosis, you can still make a Power of Attorney. But the person will need to understand the Power of Attorney.
Understanding the Power of Attorney can sometimes cause problems. The main thing the person needs to understand is that they are giving permission to another person to make decisions for them. That could be straight away or in the future.