image of person writing on a piece of paperPower of Attorney

Is a legal document which allows the person you care for to plan for the future and is drawn up when they have the capacity to do so.  It gives another person, the authority to deal with aspects of their affairs.  This could relate to financial matters and or personal welfare and both should be considered when looking at Power of Attorney.

The power of attorney document must be certified by a solicitor or a medical practitioner.  Without a power of attorney, nobody has an automatic right to make decisions on that persons behalf if they can no longer do so for themselves.

The document can be drawn up by the person themselves, but most people use a solicitor to draw it up so that nothing is missed.  Legal Aid may be available to cover the cost of this.

Guardianship Order

A guardianship order allows someone to make ongoing decisions on behalf of an adult with incapacity, like paying bills, dealing with bank accounts, or making decisions about care and personal welfare matters.

If an adult has incapacity and is unable to make decisions, you might need legal authority to do certain things for them.  If there is nothing legal already in place, such as a power of attorney, giving you or someone else power to do those things, an application for a guardianship order can be a way to help with making decisions.

Any individual can apply to be welfare guardian or your local council can also apply where no-one else is applying and welfare guardianship is necessary. Once appointed, your actions will be supervised.  The local council has a duty to supervise welfare guardians.

More information on other types of powers is available within Inverclyde Carers Centre or on the websites below:

http://www.publicguardian-scotland.gov.uk/power-of-attorney

https://www.inverclyde.gov.uk/health-and-social-care/power-of-attorney

http://www.publicguardian-scotland.gov.uk/guardianship-orders