A new UK-wide initiative is shining a light on an issue that affects people of all ages, yet is often overlooked until it is too late.  The aim is simple but important: to raise awareness and improve understanding of Power of Attorney, while encouraging more people to put these arrangements in place before they are urgently needed.

While often associated with later life, the reality is that Power of Attorney is relevant to adults of all ages. Accidents, illness, or unexpected life events can happen at any time, and without the proper legal arrangements in place, decision-making can become complicated, stressful, and time-consuming.

Having a Power of Attorney allows a trusted person to make decisions on your behalf if you are unable to do so. This can cover financial matters, health and welfare, or both. For families and carers, it can remove uncertainty and ensure that the individual’s wishes are respected.

For care providers, it also provides clarity helping avoid delays in treatment, financial management, or support arrangements.

It is hoped that initiatives like Power of Attorney Day will continue to grow in the years ahead. The benefits for individuals, families, carers, and services should not be underestimated.

 

1. What is a Power of Attorney?

A Power of Attorney is a formal legal document that allows you to nominate someone you trust to make decisions or act on your behalf if there comes a time when you are unable to do so yourself.

2. Why is it important?

Having a Power of Attorney in place means that someone you choose can step in and manage matters for you if needed. It ensures you decide who represents you, rather than leaving it to chance.

It can also reduce delays, avoid unnecessary costs, and ease the emotional strain on family members during already difficult situations.

3. Who can set one up?

In Scotland, anyone aged 16 or over can create a Power of Attorney, provided they understand what they are agreeing to at the time.

You do not need to be older or experiencing ill health, this is something any adult can arrange as part of forward planning.

4. When should I consider it?

The right time to put a Power of Attorney in place is before it becomes urgent.

Ideally, this should be done while you are well, able to make clear decisions, and not under any external pressure.

5. Is this only relevant in later life?

Not at all. In Scotland, Power of Attorney is best viewed as part of everyday life planning for adults of all ages.

Unexpected illness, injury, or even temporary incapacity can happen at any stage of life. Having arrangements in place means someone you trust can step in when needed—whether short-term or long-term.

It’s less about age, and more about being prepared and staying in control of your future.

6. Why are there different names for it?

The terminology varies across the UK, but in Scotland the system is straightforward and widely used.
In Scotland, there are two main types:

• Continuing Power of Attorney covering finances and property
• Welfare Power of Attorney covering health and personal care

These are often combined into a single document, commonly referred to simply as a Power of Attorney (POA).
In England and Wales, it is called a Lasting Power of Attorney (LPA), with separate documents for financial matters and health and welfare.
In Northern Ireland, it is known as an Enduring Power of Attorney (EPA), which only covers financial matters.

7. How much does it cost?

Costs can vary, particularly if you choose to use a solicitor to help prepare the paperwork.

In Scotland:

• The registration fee is £96
• This covers both Continuing and Welfare powers if submitted together
• Fee reductions or exemptions may be available for those on lower incomes

In England and Wales:

• The fee is £92 per document (so £184 if both types are registered)
• Financial support may be available depending on circumstances

In Northern Ireland:

• Registering an EPA costs £180
• Some people may qualify for reduced fees or exemptions

8. What is the situation if someone can no longer make a Power of Attorney?

If a person has already lost the mental capacity to understand and grant a Power of Attorney, it is no longer possible to set one up on their behalf.

In Scotland, this can make managing their affairs more complex. To gain legal authority, you may need to apply to the Sheriff Court for a guardianship order.

In England and Wales, a similar role is obtained through a deputyship order via the Court of Protection.

In Northern Ireland, an application can be made to become a Controller through the Office of Care and Protection.

These processes can take time and involve additional expense, which is why early planning is strongly encouraged.

9. Doesn’t ‘next of kin’ automatically have the right to decide?

This is a very common misunderstanding. In Scotland, as across the UK, being listed as ‘next of kin’ does not give anyone automatic legal authority to act on your behalf.

Financial matters:
Without a Continuing Power of Attorney, even close family members cannot access bank accounts, manage bills, or deal with property.
Health and welfare decisions:
Without a Welfare Power of Attorney, professionals will make decisions based on what they consider to be in your best interests. Family members will be consulted, but they do not have the final say.

If no Power of Attorney exists, families in Scotland must apply to the Sheriff Court for guardianship to gain legal authority.

The same principle applies elsewhere:

In England and Wales, families must apply for deputyship
In Northern Ireland, they must apply for controllership

Find out more about Power of Attorney in Scotland