HOW YOU CAN SET UP POWER OF ATTORNEY

THERE are three types of Power of Attorney (PoA) in Scotland: one for financial decisions, a separate one for health and care matters and a third which is a combination of the two.

The first step is to choose someone you trust to act on your behalf — this could be a family member, friend or even a solicitor.

You can select more than one person and can have different attorneys for money and health decisions. If you have joint attorney's you can request they act joint and severally which means they do not have to both be present to sign off every cash withdrawal.

Most people use a solicitor to draw up the formal document, prices of which vary

between £500 and £700. Unlike in England, there is no set form, so you must arrange for your own PoA document.

The PoA is a legal document and so its drafting is important. You can add extra instructions for aspects of your life, including where you should live and how you would want your money to be spent. Smaller details can also be included, such as how you would like your personal appearance to remain and what you like to eat.

The PoA document signed by you must include a certificate of mental capacity signed by a ‘prescribed person’ such as a medical doctor or solicitor.

The PoA signing does not need to be witnessed by any other person. Your attorneys must sign the document. Again, witnesses are not required. The documents must be registered with the Office of the Public Guardian in Scotland. There is a £79 fee to register each power of attorney document, so £158 if the financial and health powers are being registered separately.

Once registered, the Office of the Public Guardian will return any documents to the attorney and not to you.

You can cancel your power of attorney at any time, so long as you are of sound mind, by completing a revocation notice.

For general information, the Office of the Public Guardian Scotland is available on 01324 678398 or by visiting publicguardianscotland.gov.uk/power-of-attorney.