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Adults with Incapacities


A power of attorney lets individuals, whilst they have capacity, to grant someone they trust powers to act as their continuing (financial) and/or welfare attorney. One or more persons can be appointed. A continuing (financial) power of attorney continues or commences (where specified) on the granter’s loss of capacity. A welfare power of attorney only comes into effect in the event of the granter’s loss of capacity. All powers of attorney under the Act must be registered with the Public Guardian. (


The Adults with Incapacity (Scotland) Act 2000 provides ways to help safeguard the welfare and finances of people who lack capacity. It protects adults (people aged 16 or over) who lack capacity to take some or all decisions for themselves. It allows a person – such as a relative, friend or partner – to make decisions on someone’s behalf. The Act also lets you make arrangements for another person or persons to make decisions and manage affairs on your behalf if you lose capacity in the future.

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