Why Every Adult in Scotland Should Consider a Power of Attorney – Before It’s Too Late

Losing capacity isn’t just a concern for the elderly. Many people will discover the hard way that not having a Power of Attorney in place can turn a medical crisis into a legal and financial nightmare.

What is a Power of Attorney and Why Should I Have One?

It’s a document where you appoint someone you trust to look after your affairs in the event that you become incapable of dealing with things yourself either through injury or illness. Without one, no-one has any authority to act for you – not a spouse, not a child or any other family member.

Who Is at Risk Without a Power of Attorney?

“Every adult in Scotland over 16 should have a Power of Attorney,” says Ailidh Ballantyne – Head of Wills, Powers of Attorney and Bereavement. “Not because something will happen – but because it might, and if it does, it’s too late to act.”

But We Are Fit and Healthy, Do We Really Need a Power of Attorney?

The uncomfortable reality is this: losing the capacity to manage your affairs can happen to anyone, at any age, through illness, injury, or trauma. And when it does, your loved ones may find themselves unable to make decisions on your behalf – unless you’ve already signed and registered a Power of Attorney.

Capacity Can Disappear in a Moment So Can Your Rights

• Road accidents. Strokes. Early-onset dementia. Mental health crises. These aren’t just worst-case hypotheticals they’re events that affect real Scottish families, every week.
• Without a Power of Attorney, no family member or friend can handle your affairs including accessing your bank account, speaking to your doctor, or deciding where you live.
• Medical care? Delayed. Rent or mortgage? Possibly unpaid.
• To regain decision-making power, families are often forced into lengthy, expensive Guardianship proceedings in court.

Can’t my Partner, Parents or Children Take Over My Affairs?

“You’d be amazed how many people assume their partner, children or parents can ‘take over their affairs’,” states Ailidh Ballantyne – Head of Wills, Powers of Attorney and Bereavement, “It’s simply not true. In the eyes of the law, no one can act for you unless you’ve legally authorised them to do so in advance.

What are the Different Types of Power of Attorney in Scotland?

In Scottish law, a Power of Attorney is a legal document that allows you to appoint someone (called your “Attorney”) to act on your behalf in the event you lose the capacity to make decisions for yourself. There are three types:

• Continuing Power of Attorney covers all financial matters
• Welfare Power of Attorney covers decisions about your healthcare and living arrangements
• Combined Continuing and Welfare covers all financial and welfare matters

What Would Scullion LAW Recommend?

We always recommend a Combined Continuing and Welfare Power of Attorney as this acts as a one stop shop, covering all health and financial matters which may require to be dealt with. It’s the most comprehensive approach.

But I Already Have a Will, Do I Need a Power of Attorney too?

Unlike a Will, which only takes effect when you die, a Power of Attorney protects you while you’re alive but are unable to act for yourself.

Scenario 1: When Life Changes in an Instant

Consider the case of James, a 32-year-old Edinburgh professional who fell while cycling and suffered a traumatic brain injury. His partner, who he lived with for eight years, was unable to:

• Confirm medical decisions.
• Stop missed mortgage payments.
• Pay for bills and manage his finances.

Without a Power of Attorney, she had to petition the court for Guardianship that took well over a year and cost over more than £5000 in fees and assessments.

Scenario 2: When Not Having a Power of Attorney One Becomes a Crisis

Mairi, a single mother who was divorced while pregnant developed sudden postnatal psychosis. Her parents, desperate to support her, were locked out of key care conversations. With no Welfare Power of Attorney in place, they were left waiting for social work intervention and a Sheriff Court hearing.

What Happens If You Don’t Have a Power of Attorney?

• No one can manage your finances
• Car finance payments could be cancelled
• Schools could remain unpaid
• Mortgages or rent may go unpaid
• Medical care decisions are left to overworked authorities

Your family must apply for Guardianship, a court-supervised, often costly and time-consuming legal process if there is no Power of Attorney in place.
You have no say in who the court appoints to make decisions on your behalf.

Why Signing Your Power of Attorney Is a Sign of Strength Not Weakness

One of the biggest barriers we hear from clients is emotional. “I’m not ready to think about that.” “I don’t want to give away control.”

But Here is the Truth: You don’t lose control by signing a Power of Attorney you assert it.

You decide who represents you. You outline how they should act. And you do it while you’re fully capable not under pressure, or in crisis. It’s an act of responsibility, not resignation.

What Does a Power of Attorney Cost? Less Than You Might Think

Contrary to myth, putting a Power of Attorney in place is simple, affordable, and fast especially with a trusted law firm.

At Scullion LAW, we offer:

• Clear fixed fees
• Expert guidance tailored to your situation
• Fast certification and submission to the Office of the Public Guardian (Scotland)
• Friendly, confidential support, whether in-person or remotely
• Registration with the Public Guardian costs just £96, and your Power of Attorney remains valid for life unless you revoke it.

Who Should Have a Power of Attorney?

The answer is everyone! However, we’ve provided some examples below:

• Young professionals especially those who live alone, rent, or own property.
• People who have recently separated from a spouse who have a Power of Attorney should updated theirs ASAP!
• Parents and guardians to ensure protection for their children in case of serious illness or incapacity through injury.
• Middle-aged adults caring for elderly relatives don’t just worry about your parents; protect yourself, too.
• Retirees and couples over 50, ensure clarity and dignity as you age.

How to Put Your Power of Attorney in Place in Scotland

Speak to our Wills and Power of Attorney Team, they will help you draft a tailored Power of Attorney that suits your circumstances

Peace of mind and protection

In a culture where we avoid hard conversations, signing a Power of Attorney means you have sought to protect both you and your family.

“It’s the difference between protecting your family or leaving them to fight bureaucracy in their hour of need.”

Whether you’re 25, 45, or 85, the time to act is now. Before the crisis. Before the accident. Before the silence.

Want peace of mind? We’re here to help.

Speak to our Private Client team at Scullion LAW today. We’ll guide you every step of the way.