Being an Attorney: Understanding the role

Understanding Power of Attorney

Being an attorney is a big responsibility and requires a time commitment. If someone you know has asked you to be their attorney, it is important you understand what this means before deciding whether to accept.

This guide provides an overview of the things it might be helpful to know about the role of an attorney in Scotland, so you can decide whether this is right for you. 

Capacity and incapacity

As an attorney, it is important to fully understand the definition of capacity versus incapacity. The many nuances within these definitions impact an attorney's responsibilities, and understanding these is crucial to fulfilling the legal powers given to an attorney.

Using your powers

This guide also provides details of how Power of Attorney is set up, when powers become active and the documents you will need to use your powers. It explains the practical responsibilities of an attorney, how to manage situations that may arise and which organisations and bodies can provide further advice and support.

Making the decision to be an attorney

There are a number of factors to consider before agreeing to take on the role of attorney. These are discussed in detail along with common concerns, and what to do if you change your mind.