A general power of attorney is a document by which a granter appoints an attorney to act on their behalf in relation to property and financial affairs. It is distinct from a continuing power of attorney or a welfare power of attorney under the Adults with Incapacity (Scotland) Act 2000, because it does not continue if the granter loses capacity - it ends automatically at that point, or on the granter’s death.
The document is validly executed once it is subscribed (signed) by the granter, under section 2 of the Requirements of Writing (Scotland) Act 1995. Adding a witness is not required for validity, but makes the document self-proving under section 3 of that Act, which many banks and other institutions may expect to see in practice.
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