WELFARE POWER OF ATTORNEY
I, ________, of:
________
make this power of attorney (Power of Attorney) in accordance with the Adults with Incapacity (Scotland) Act 2000 (the Act).
1. APPOINTMENT
1.1. I hereby appoint ________ of:
________
to be my Welfare Attorney in terms of section 16 of the Act and in accordance with the particular powers as defined in this Power of Attorney.
1.2. ________ shall be referred to in this Power of Attorney as "my Attorney".
2. DECLARATION
I declare and confirm the following:
2.1. I intend this Power of Attorney to be a Welfare Power of Attorney in terms of section 16 of the Act.
2.2. I am habitually resident in Scotland and this Power of Attorney shall be governed by and interpreted in accordance with the laws and jurisdiction of Scotland.
2.3. I hereby declare that the Welfare Powers set out and defined within section 3 (Welfare Powers) shall have effect and may only be exercised by my Attorney in the event that I become incapable (within the meaning of section 1 (6) of the Act) of carrying out any acts or decisions involved in the Welfare Powers.
2.4. I have considered how my incapacity will be determined and confirm that it is my wish for my attorney to make this determination.
2.5. My Attorney shall be authorised to exercise the welfare powers in accordance with section 3 (Welfare Powers) until:
(a). they receive written notice that I have revoked this Power of Attorney; OR
(b). the Power of Attorney is terminated by operation of any provision of the Act or any other lawful reason.
2.6. At all times my Attorney shall be subject to the requirements of the Act.
3. WELFARE POWERS
My Attorney shall have the Welfare Powers as set out and defined in this section (section 3 ).
3.1. Medical treatment and personal arrangements
3.1.1. My Attorney may make decisions and act on my behalf in respect of any matter relating to my general welfare and care arrangements.
3.1.2. My Attorney may consent on my behalf to any medical treatment or health-related treatment, provided that this is not prohibited by the Act.
3.1.3. My Attorney may refuse consent on my behalf to any medical treatment or health-related treatment.
3.1.4. My Attorney may consent or refuse consent to medical research, within the parameters of the Act.
3.1.5. My Attorney may make decisions about my living arrangements and accommodation and may implement any such decision on my behalf.
3.1.6. My Attorney may make decisions in respect of my personal care, including my clothes, personal appearance and diet.
3.2. Confidential information
3.2.1. My Attorney may have access to all personal or confidential information, documents and data (Personal Information) held by any organisation or body which relates to my personal health and welfare.
3.2.2. My Attorney may disclose my Personal Information to any third party where this is reasonably necessary and in my best interests.
3.3. Digital information
3.3.1. My Attorney may monitor and manage any online or email accounts held by me and access any digital information held in relation to me however my Attorney must not post on any online site in my name, holding themselvess out as me.
3.3.2. My Attorney may contact online internet or email service providers to obtain and manage my login details for any online or email account and I authorise any such provider to release information to my Attorney.
3.4. Legal action
3.4.1. My Attorney may pursue, defend, settle or compromise any legal action relating to my personal welfare on my behalf.
3.5. Social, cultural and educational activities
3.5.1. My Attorney may decide which social, cultural or religious meetings or activities I may take part in.
3.5.2. My Attorney may make decisions about my social groups and may decide with whom I may socialise or associate.
3.5.3. My Attorney may decide which educational or vocational activities I may take part in and may make arrangements for me to attend any such activities.
3.5.4. My Attorney may take me on trips and holidays and may authorise and arrange for others to do so.
4. APPLICATION
4.1. Advance directive
4.1.1. In exercising any of the Welfare Powers in section 3 my Attorney shall take into account my known wishes within any valid advance directive made by me prior to my being incapacitated.
4.2. Expenses
4.2.1. My Attorney may reimburse themselves for any reasonable expenses or charges which they incurred in the course of exercising their powers as my Attorney.
4.3. 55885822
________. All 5828, 528888228 525 252 252852822 22 522 528522228 5252525222 82 22 82225222 225 22 25 22 22 825582 82 25258882 22 252 2282552 228258 85588 82 85885 525 8825822 58 252525 5252525222 82 22.
5. EXECUTION
In witness whereof this power of attorney consisting of this and the proceeding pages above executed by me as follows:
SIGNED
______________________________
________
IN THE PRESENCE OF
FULL NAME OF WITNESS:
______________________________
WITNESS SIGNATURE:
______________________________
WITNESS ADDRESS:
______________________________
ON
DATED OF SIGNING:
_____________________________
AT
LOCATION OF SIGNING:
____________________________
SCHEDULE 1
STATUTORY CERTIFICATE
The statutory certificate from the Office of the Public Guardian MUST be completed and attached below.
WELFARE POWER OF ATTORNEY
I, ________, of:
________
make this power of attorney (Power of Attorney) in accordance with the Adults with Incapacity (Scotland) Act 2000 (the Act).
1. APPOINTMENT
1.1. I hereby appoint ________ of:
________
to be my Welfare Attorney in terms of section 16 of the Act and in accordance with the particular powers as defined in this Power of Attorney.
1.2. ________ shall be referred to in this Power of Attorney as "my Attorney".
2. DECLARATION
I declare and confirm the following:
2.1. I intend this Power of Attorney to be a Welfare Power of Attorney in terms of section 16 of the Act.
2.2. I am habitually resident in Scotland and this Power of Attorney shall be governed by and interpreted in accordance with the laws and jurisdiction of Scotland.
2.3. I hereby declare that the Welfare Powers set out and defined within section 3 (Welfare Powers) shall have effect and may only be exercised by my Attorney in the event that I become incapable (within the meaning of section 1 (6) of the Act) of carrying out any acts or decisions involved in the Welfare Powers.
2.4. I have considered how my incapacity will be determined and confirm that it is my wish for my attorney to make this determination.
2.5. My Attorney shall be authorised to exercise the welfare powers in accordance with section 3 (Welfare Powers) until:
(a). they receive written notice that I have revoked this Power of Attorney; OR
(b). the Power of Attorney is terminated by operation of any provision of the Act or any other lawful reason.
2.6. At all times my Attorney shall be subject to the requirements of the Act.
3. WELFARE POWERS
My Attorney shall have the Welfare Powers as set out and defined in this section (section 3 ).
3.1. Medical treatment and personal arrangements
3.1.1. My Attorney may make decisions and act on my behalf in respect of any matter relating to my general welfare and care arrangements.
3.1.2. My Attorney may consent on my behalf to any medical treatment or health-related treatment, provided that this is not prohibited by the Act.
3.1.3. My Attorney may refuse consent on my behalf to any medical treatment or health-related treatment.
3.1.4. My Attorney may consent or refuse consent to medical research, within the parameters of the Act.
3.1.5. My Attorney may make decisions about my living arrangements and accommodation and may implement any such decision on my behalf.
3.1.6. My Attorney may make decisions in respect of my personal care, including my clothes, personal appearance and diet.
3.2. Confidential information
3.2.1. My Attorney may have access to all personal or confidential information, documents and data (Personal Information) held by any organisation or body which relates to my personal health and welfare.
3.2.2. My Attorney may disclose my Personal Information to any third party where this is reasonably necessary and in my best interests.
3.3. Digital information
3.3.1. My Attorney may monitor and manage any online or email accounts held by me and access any digital information held in relation to me however my Attorney must not post on any online site in my name, holding themselvess out as me.
3.3.2. My Attorney may contact online internet or email service providers to obtain and manage my login details for any online or email account and I authorise any such provider to release information to my Attorney.
3.4. Legal action
3.4.1. My Attorney may pursue, defend, settle or compromise any legal action relating to my personal welfare on my behalf.
3.5. Social, cultural and educational activities
3.5.1. My Attorney may decide which social, cultural or religious meetings or activities I may take part in.
3.5.2. My Attorney may make decisions about my social groups and may decide with whom I may socialise or associate.
3.5.3. My Attorney may decide which educational or vocational activities I may take part in and may make arrangements for me to attend any such activities.
3.5.4. My Attorney may take me on trips and holidays and may authorise and arrange for others to do so.
4. APPLICATION
4.1. Advance directive
4.1.1. In exercising any of the Welfare Powers in section 3 my Attorney shall take into account my known wishes within any valid advance directive made by me prior to my being incapacitated.
4.2. Expenses
4.2.1. My Attorney may reimburse themselves for any reasonable expenses or charges which they incurred in the course of exercising their powers as my Attorney.
4.3. 55885822
________. All 5828, 528888228 525 252 252852822 22 522 528522228 5252525222 82 22 82225222 225 22 25 22 22 825582 82 25258882 22 252 2282552 228258 85588 82 85885 525 8825822 58 252525 5252525222 82 22.
5. EXECUTION
In witness whereof this power of attorney consisting of this and the proceeding pages above executed by me as follows:
SIGNED
______________________________
________
IN THE PRESENCE OF
FULL NAME OF WITNESS:
______________________________
WITNESS SIGNATURE:
______________________________
WITNESS ADDRESS:
______________________________
ON
DATED OF SIGNING:
_____________________________
AT
LOCATION OF SIGNING:
____________________________
SCHEDULE 1
STATUTORY CERTIFICATE
The statutory certificate from the Office of the Public Guardian MUST be completed and attached below.
Answer the question, then click on "Next".
The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.
At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.
You will also have the option of requesting assistance from a lawyer.
