Why every adult should have a Power of Attorney
Most people in Scotland only start thinking about Powers of Attorney when they are much older, or when a relative becomes unwell. The truth is that every adult, no matter their age or circumstances, should consider having one in place. Life is unpredictable, and illness or accidents can affect anyone at any time.
A Power of Attorney (POA) is a straightforward but powerful document that allows you to choose someone you trust to make decisions for you if you cannot do so yourself. Without one, your family could face a lengthy and costly court process to get the authority they need to help you.
This article explains what a Power of Attorney is, the different types available in Scotland, the risks of not having one, and the benefits of planning ahead.
What Is a Power of Attorney?
A Power of Attorney is a legal document where you (the “granter”) give authority to someone else (the “attorney”) to act on your behalf. Your attorney can be a spouse, partner, relative, friend, or professional adviser — the key point is that it should be someone you trust completely.
In Scotland, there are two main types:
Continuing Power of Attorney (financial and property matters)
This covers your money and property.
Your attorney can deal with things like paying bills, managing bank accounts, dealing with tax, or even selling your house if necessary.
You decide whether this should start immediately or only if you lose capacity. Many people choose to have it available straight away so that their attorney can help with practical matters if, for example, they are abroad or in hospital.
Welfare Power of Attorney (personal welfare and healthcare)
This only comes into effect if you cannot make your own welfare or medical decisions.
Your attorney can make decisions about medical treatment, where you should live, who should care for you, and other aspects of your wellbeing.
Most people combine both into a single document covering financial and welfare matters. This provides comprehensive protection for all situations.
Why Every Adult Should Have a Power of Attorney
Many people believe that Powers of Attorney are only for older people. That is a common misconception. Here are the main reasons why every adult in Scotland should have one:
Unexpected illness or accidents can happen at any age
Serious illnesses such as strokes or brain injuries, or accidents such as car crashes, can happen without warning.
If you are suddenly unable to make decisions, having a POA ensures that someone you have chosen, and trust can step in immediately.
Your family does not have automatic authority
Spouses, partners, or children cannot automatically deal with your money or make care decisions.
Without a POA, they have no legal authority to act, even if they are closest to you.
The alternative is court intervention
If you lose capacity without a POA, your family may need to apply to the Sheriff Court for a Guardianship Order.
This is a lengthy process involving medical evidence, court hearings, and supervision by the Office of the Public Guardian.
It is stressful, expensive, and can take many months to complete.
A POA is quick and cost-effective
Preparing a POA with a solicitor is usually straightforward and costs a fraction of what a Guardianship Order would involve.
Registration with the Office of the Public Guardian currently costs £96 (subject to change).
You stay in control
With a POA, you decide who will act for you and what powers they will have.
You can appoint more than one attorney, specify whether they act jointly or separately, and include detailed instructions to guide them.
It brings peace of mind
Knowing that someone you trust is legally able to help reduces worry for both you and your family.
It avoids uncertainty and potential disputes between family members about who should be making decisions.
What Happens If You Do Not Have a POA?
Without a POA, your family cannot simply step in to help. Instead, they must apply for a Guardianship Order from the court.
This involves:
Medical reports from at least two doctors to confirm incapacity.
A detailed application to the Sheriff Court.
Possible court hearings.
Ongoing supervision and reporting requirements.
The whole process can take six months or more and cost several thousand pounds. During that time, important financial and medical decisions may be delayed.
Real-Life Examples
Case 1: Mr A, aged 42
Mr A was a healthy father of two who suffered a brain injury in a car accident. He had no POA. His wife could not access his bank account to pay the mortgage or household bills, and she was not legally entitled to make medical decisions for him. She had to apply for Guardianship, which took eight months and cost over £5,000.
Case 2: Ms B, aged 29
Ms B was travelling abroad when she became seriously ill. Because she had set up a POA, her parents were able to deal with her finances in Scotland, including paying her rent and handling correspondence, while she recovered. Without it, she would have returned home to unpaid bills and financial difficulties.
These examples show that Powers of Attorney are not just for older people — they provide protection for everyone.
How to Set Up a Power of Attorney in Scotland
The process is straightforward but must follow certain rules:
Choose your attorney(s) carefully
Pick someone you trust completely.
You can appoint more than one person and name substitutes in case your first choice is unable to act.
Think about whether they can manage financial matters, personal welfare, or both.
Seek legal advice
A solicitor can draft the document to ensure it covers everything you need.
They will also make sure it is tailored to your circumstances rather than using a “one size fits all” approach.
Sign and certify the document
You must sign the POA in front of a solicitor or doctor, who will confirm that you understand what you are doing and are not under pressure.
This protects you from abuse and ensures the document is valid.
Register with the Office of the Public Guardian (Scotland)
A POA has no legal effect until it is registered.
The current registration fee is £96 (though exemptions may apply in cases of financial hardship).
Frequently Asked Questions
Can my attorney sell my house?
Yes, but only if you give them that power in your POA. You can set limits or require that they consult with family members before making such decisions.
Can I cancel my POA later?
Yes. As long as you still have mental capacity, you can revoke or change your POA at any time.
Do I lose control once I grant a POA?
No. While you have capacity, you continue to make your own decisions. Your attorney can only act when necessary, and in the case of welfare decisions, only if you lose capacity.
Can I appoint more than one attorney?
Yes. You can have joint attorneys (who must act together) or joint and several attorneys (who can act separately). This provides flexibility.
What if my circumstances change?
You can update your POA to reflect changes in relationships, finances, or health.
Key Points to Remember
A Power of Attorney is essential for every adult in Scotland, not just older people.
It protects you if you become unable to make decisions for yourself.
Without one, your family may face a lengthy and costly court process.
You choose who acts for you and what powers they have.
It is affordable, straightforward, and brings peace of mind.
Final Thoughts
A Power of Attorney is one of the most important documents you can sign. It is not about giving up control — it is about planning ahead, protecting yourself, and making life easier for your family if the unexpected happens.
No one knows what the future holds. By putting a POA in place now, you can ensure that the people you trust most will be able to help you when you need it most.
Every adult in Scotland should have a Power of Attorney. It is a simple step that provides security, certainty, and peace of mind for the future.
If you are thinking of having a Power of attorney and you are looking for an experienced solicitor, would like to discuss matters or gain a greater understanding of any element of the process then please contact our experienced Private Client Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.
