A Power of Attorney ensures that someone you trust can make financial, medical, and legal decisions on your behalf if you become unable to do so. In Scotland, this can include:

 ✔️ Continuing Power of Attorney – Managing financial and property matters. 

✔️ Welfare Power of Attorney – Making medical and care decisions if you lose capacity. 

Without a Power of Attorney, even close family members won’t automatically have the right to act on your behalf. Instead, they may have to apply for Guardianship - a costly and time-consuming court process. 

Common Misconceptions 

Many people believe a Power of Attorney is only necessary later in life. However, unexpected illness or incapacity can occur at any age. Putting a Power of Attorney in place early ensures that important financial and welfare decisions can be made on your behalf if needed.

There is also a misconception that spouses or family members automatically have the right to make decisions. In Scotland, next of kin do not have an automatic legal right to act on someone’s behalf. Without a registered Power of Attorney, loved ones may have to go through a complex and costly court process to gain decision-making authority.

Another common mistake is assuming a Power of Attorney can be arranged at any time. Once a person loses capacity, they can no longer grant a Power of Attorney. In such cases, family members must apply for Guardianship through the Sheriff Court, a process that can be time-consuming, expensive, and stressful.

Planning ahead ensures that trusted individuals can manage affairs efficiently and in line with personal wishes.