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Power of Attorney 10/08/2005


A power of attorney is a means of giving another person the legal right to make decisions on your behalf while you are absent or incapacitated.

Neither civil partnership nor marriage grant any automatic right to powers of attorney. Being in a civil partnership with another person does not give either partner the right to make decisions on the other partner's behalf, except under very specific medical circumstances.

In Scotland there are three forms of Power of Attorney: General Power of Attorney, Continuing Power of Attorney, and a Welfare Power of Attorney for use in making decisions about the health and welfare of a person in the event of mental incapacity. A Power of Attorney is revoked by a Deed of Revocation. You can set up a Power of Attorney or write a Deed of Revocation using pre-printed forms, but we strongly recommend consulting a solicitor before drawing up any Power of Attorney, to be clear about the powers and limitations you are granting. The person who grants the right to make decisions by Power of Attorney is called the Donor: the person to whom those rights are granted is called the Attorney.

The Law Society of Scotland goes into more detail than we can here in their leaflet Power of Attorney, available as a PDF from their website.

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