Myth vs. Reality: The 5 Biggest Misconceptions About Powers of Attorney

Far too many people discover the truth about how little you can do for your loved ones should they lose capacity due to illness, injury or trauma. Here are the most common myths we hear — and the legal realities you need to know.

Think You Don’t Need a Power of Attorney? Read This First.

Too many people across Scotland are relying on outdated assumptions when it comes to Powers of Attorney — and it’s leaving their families stranded when crisis hits.
We hear it all the time:

• “But we’re married — I’ll automatically be in charge.”
• “We live together, I’ll be the one they call.”
• “Mum and Dad will sort it out if something happens to me.”

These assumptions feel logical — but they’re legally wrong. And by the time you realise it, it’s often far too late to fix.

Before you make the same mistake, here are the five most common myths about Powers of Attorney in Scotland — and the hard truths you need to know.

Myth 1: “We’re married — my spouse can speak for me.”

Reality:
Marriage or civil partnership does NOT give any automatic legal right to act on your behalf.
Without a registered Power of Attorney, your spouse has no authority to deal with your finances or make healthcare decisions — even in an emergency.

Myth 2: “We live together, so I’m protected.”

Reality:
Cohabiting partners have even fewer rights than spouses.
Unless you’re legally named in a Power of Attorney, you’ll likely need to go to court to get any say over your partner’s finances or care.

Myth 3: “My parents will sort things out if something happens.”

Reality:
Not without a Power of Attorney.
Even if you’re close, your parents will not be able to manage your bills, contact your GP, or arrange care unless you’ve given them formal legal authority in a Power of Attorney.

Myth 4: “I’m young and healthy — I don’t need this yet.”

Reality:
Loss of capacity doesn’t wait until old age.
Accidents, mental health crises, and sudden illness are unpredictable. Power of Attorney is about prevention and protection..

Myth 5: “It’s complicated and expensive.”

Reality:
It’s neither.

With expert guidance, setting up a Power of Attorney is quick, affordable, and stress-free. At Scullion LAW, we offer fixed fees and full support from start to finish.
Don’t Wait for a Wake-Up Call.

Whether you’re 28 or 68, married or single — A Power of Attorney isn’t about age, it’s about control.

Take 30 minutes today to protect your future — and save your family months of stress, legal delays, and thousands in court fees later.
Book your Power of Attorney appointment now

With Scullion LAW, you’re in safe, experienced hands.