Caring for an adult with incapacity

Overview People the Act can help Principles of the Act How the Act can help Power of attorney and Guardianship order Office of the Public Guardian Mental Welfare Commission Local council Legal Aid Further information

Power of attorney and Guardianship order

Power of attorney allows adults, while they have capacity, to give a person they trust powers to act as their financial and/or welfare attorney.

You can act as a financial attorney either straightaway or on incapacity, but a welfare power of attorney only comes into effect if an adult loses capacity.

The person granting the power of attorney can say how this incapacity is to be decided, for example by a medical assessment.

All powers of attorney under the act must be registered with the Public Guardian.

Read more on setting up power of attorney.

Guardianship order

Guardianship can cover:

• property and financial matters
• personal welfare, including health
• a combination of these

Guardianship is likely to be suitable where the person has long-term needs in relation to these matters, and has lost, or has never had, capacity to take decisions or action on these matters for themselves.

An application may be made to the sheriff court by individuals (for welfare and/or financial guardianship) or by the local council (for welfare guardianship only).

Read more on setting up a guardianship order