Acting on someone else’s behalf

Power of Attorney and Guardianship

There are different types of legal powers to deal with someone else’s affairs in Scotland such as Welfare and Continuing Powers of Attorney, Guardianship Orders and Intervention Orders. If you have the capacity to make your own decisions you could grant a Power of Attorney. However, if you no longer have the ability to decide who should manage your financial affairs someone may need to apply to the Sheriff Court to act as a Guardian or Intervener. Managers of care homes can be granted the power to manage the finances of a resident if a doctor assesses that the resident cannot do this for themselves, and no other course of action is possible or appropriate. The Age Scotland guides Legal options for someone who has lost capacity and Guide to Power of Attorney in Scotland provide information about these issues.