It is possible to set up a Power of attorney [POA] in Scotland and Northern Ireland although we do not deal with these directly. The aim is the same but the rules are different. We have provided suitable links below to help you.
Scotland
The power of attorney framework is governed by the Adults with Incapacity (Scotland) Act 2000. As with England and Wales there are two types of POA
- Continuing Power of Attorney for financial/property affairs
- Welfare Power of Attorney for welfare decisions
- Notes:
- Attorneys can be aged 16+
- A doctor or solicitor must sign a Certificate of Capacity (Schedule 1) to show that the donor is capable of making a POA
Further information can be found here
Northern Ireland
The power of attorney framework is governed by the The Assisted Decision-Making (Capacity) Act 2015. As with England and Wales there are two types of POA but they do not cover Health and Welfare
- General Power of Attorney (or Ordinary POA)
- This is a temporary instrument to allow an attorney to make decisions whilst the donor is unavailable.
- It cannot be used if the donor has lost their mental capacity and in fact it ceases if the donor becomes incapable.
- Enduring Power of Attorney
- Allows the attorney to act on the donors behalf if they have lost capacity
- Does not cover Health and Welfare
Further information can be found here
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