Power of Attorney in Scotland, Care Planning Support Wardside House
Learn about Power of Attorney in Scotland, including Continuing and Welfare PoA, why it matters for care planning, and how Wardside House supports families and attorneys
Power of Attorney in Scotland
What it means and why it matters for care planning
Planning ahead brings clarity, reassurance and peace of mind — for you and for those who care about you.
A Power of Attorney (PoA) is a legal document that allows you to choose someone you trust to make decisions on your behalf if you lose the ability to do so. In Scotland, this is a key part of later life and care planning, particularly when residential care may be needed.
At Wardside House, we regularly support residents, families and appointed attorneys, and we understand how important it is to have the right arrangements in place.
What is a Power of Attorney?
A Power of Attorney allows you (the granter) to appoint one or more people (your attorneys) to make decisions for you if you lose mental capacity.
In Scotland, there are two main types of Power of Attorney, and most people choose to set up both.
Continuing Power of Attorney (Financial)
A Continuing Power of Attorney covers financial and property matters, including:
Managing bank accounts
Paying bills and care fees
Handling pensions and benefits
Buying or selling property
This type of PoA can begin immediately if you wish, or only come into effect if you lose capacity.
Welfare Power of Attorney (Health & Care)
A Welfare Power of Attorney covers decisions about your personal wellbeing and care, such as:
Medical treatment
Care and support arrangements
Where you live
Day-to-day welfare decisions
A Welfare Power of Attorney only takes effect if you lose capacity, and is especially important when care needs change.
Why is Power of Attorney important?
Without a registered Power of Attorney:
Family members may not have the legal authority to make decisions
Care and medical decisions can be delayed
Applying to the court may be required, which can be stressful and costly
Having a Power of Attorney in place:
Ensures your wishes are respected
Gives families clarity and confidence
Supports smoother care planning and communication
Power of Attorney and residential care
If you are considering residential care now or in the future, a Welfare Power of Attorney is particularly important.
It helps ensure:
Clear communication between family, care providers and health professionals
The right people are involved in care decisions
Your preferences remain central if your needs change
At Wardside House, we work closely with families and attorneys to provide care that is personal, respectful and well informed.
When should you set up a Power of Attorney?
A Power of Attorney must be arranged while you still have capacity. Once capacity is lost, it is no longer possible to create one.
Many people choose to put a PoA in place:
As part of later life planning
After a diagnosis or health change
When planning for future care or support
The earlier it is arranged, the more control and peace of mind it provides.
How do you set up a Power of Attorney in Scotland?
To be valid, a Power of Attorney must:
1. Be written and signed
2. Be certified by a solicitor or qualified professional
3. Be registered with the Office of the Public Guardian (Scotland)
Legal advice from a Scottish solicitor is strongly recommended to ensure the document reflects your wishes and meets all legal requirements.
Frequently Asked Questions
Do I need a Power of Attorney if I have a will?
Yes. A will only applies after death. A Power of Attorney covers decisions made during your lifetime, if you lose capacity.
Can my family make decisions without a Power of Attorney?
Not automatically. Without a PoA, family members may need to apply to the court to gain legal authority, which can cause delays and added stress.
Can I have more than one attorney?
Yes. You can appoint more than one attorney and decide whether they act jointly or separately.
Does a Power of Attorney mean I lose control?
No. You remain in control while you have capacity. A Welfare Power of Attorney only takes effect if you lose capacity.
Does Wardside House require a Power of Attorney?
It is not legally required, but having one in place makes care planning, communication and decision-making much clearer and smoother for everyone involved.
How Wardside House can support you
While we do not provide legal advice, Wardside House is always happy to:
Discuss how Power of Attorney works in practice
Support families and appointed attorneys
Work collaboratively with solicitors and professionals
Help you understand how PoA fits into residential care planning
If you have questions about Power of Attorney or would like to talk about care planning at Wardside House, please get in touch. Call us: 01764 681275
Or email care@wardsidehouse.com