On 1 August 2013, the Law Society of Scotland published new guidance on "Vulnerable Clients". This guide looks at situations where a solicitor's client may have impaired mental capacity or is vulnerable to being bullied into doing something. A second set of guidance covers the risks relating to granting a Power of Attorney.

New guidance was recommended by the Mental Welfare Commission for Scotland (MWC) in a report published in 2012. This followed an investigation into the case of Mr and Mrs D, a couple

What do you know about legal capacity, Guardianships & Power of Attorney? In Scotland, a person is deemed to have legal capacity to act and make decisions on their own behalf once they reach the age of 16. This means that parents no longer have any authority to make decisions or deal with agencies on their son or daughter's behalf once they turn 16.

Why is legal capacity important?

For most people, taking on responsibility for their own decisions and actions at age 16 is

Why are individuals in Scotland reluctant to put a Power of Attorney in place? The reality is that many are concerned about losing control over their finances and assets. In fact, most people put a Power of Attorney in place as a rainy day document and their Attorney does not have authority to act straight away. So when is a power of attorney effective in Scotland?

I don't want my Attorney to act immediately - what do I do?

Most people grant a Power of

The Scottish Government recently published its Social Care (Self-directed Support) (Scotland) Bill, which aims to make self-directed support in Scotland a mainstream choice for those receiving care in Scotland. The Government has pledged almost £40 million over the next three years to support the rollout of self-directed support throughout Scotland.

What is self-directed support?

Self-directed support is designed to give those who receive care (supported persons) more power to direct their own care and support, to make more informed decisions about their care and to control

If you're living in Scotland and you don't currently have a power of attorney, are you sure that's for the best?

In the absence of a Continuing and Welfare Power of Attorney there is a risk that decisions about your well being and your assets could be taken by people who believe they know what is best for you, but in reality don't!

The Adults With Incapacity (Scotland) Act 2000 requires any named Attorney to act in accordance with the 5 principles of the Act:

At the start of a New Year, you may be turning your thoughts to putting your affairs in order. As part of this, you should consider granting a power of attorney in Scotland. Read on for our top 5 questions and answers on Powers of Attorney.

1. What is a Power of Attorney?

• A written legal document giving someone else authority to act on your behalf
• It ensures your financial affairs and personal welfare can be dealt with/protected if you are unable to act yourself,

It is a common misconception that Powers of Attorney are only for the elderly. However, accidents or illness can happen to anyone at any time and it is sensible to give thought to putting a Power of Attorney in place now, as a safety net for the future. Ask yourself the question - do I need a Power of Attorney?

What is a Power of Attorney?
A Power of Attorney is a legal document giving someone else authority to act on your behalf should you

Attorneys acting under a Continuing and Welfare Power of Attorney must comply with the five guiding principles set out in the Adults with Incapacity (Scotland) Act 2000. Arguably, the most important of these is that an Attorney must always act in the best interests of the adult. Does this include tax planning?

Best interests of the adult - not always clear cut?
At first glance, it seems that deciding what is in the best interests of the adult is pretty straightforward. However, grey areas often