Why do you need a Power of Attorney?

Age Scotland’s Big Survey 2025 revealed 47% of over-50s in Scotland don’t have a Power of Attorney in place. Half of them say they don’t feel they need one. 

On Power of Attorney Day, we’re raising awareness and understanding of Powers of Attorney, and what they may mean to you.

How many decisions do you think you make each day? Whilst it’s hard to put an accurate figure on this, scientists estimate we make anywhere from a couple of hundred to several thousand!

Being able to make our own decisions means that we can live our lives and navigate around life’s obstacles in the way that suits us best. For most of us, this will always be the case.

But what if we became ill or had an accident, and were no longer able to make those decisions? How could we be sure that someone we trust knows our wishes and opinions well, and has the legal right to make decisions for us?

What is Power of Attorney

Put simply, a Power of Attorney is a legal document that allows someone (or more than one person) to make personal and/or financial decisions on your behalf if you are no longer able to. It ensures your choices will be respected and your opinions still heard, even if you cannot express them yourself. These decisions could include where you live, what medical treatment you receive, and what happens to your home if you go into a care home – major life decisions that you would almost certainly like a say in!

Age Scotland has produced a detailed but straightforward Guide to Power of Attorney, with advice for anyone who is considering granting powers, or is acting as an attorney for someone.

No time like the present!

There are many reasons why people put off setting up Powers of Attorney. Sometimes it is because they are in good health, and don’t want to think about a time they may not be. However, illness rarely comes with a warning, and an accident even less so. If you were to lose the capacity to make your own decisions, your next-of-kin has no automatic right to make them for you. Someone (not necessarily the person you would have chosen) would need to apply to the court for a ‘Guardianship Order’ so they can act on your behalf - a time-consuming and costly process.

Some people worry that they are giving up control, and decisions will be taken out of their hands, but the opposite is in fact true. You choose whom to grant the powers to, how decisions should be made, and for financial powers, when this should begin. Medical and care decisions can only be made for you if you are no longer able to make them for yourself, and there are laws in place to make sure all decisions are in your best interests.

What it means to be an Attorney

It’s important that you discuss the role of being an attorney with whoever you choose to represent you. It is a big responsibility and requires a time commitment, and it’s important you understand what this means before they accept. Most importantly, important to fully understand the definition of capacity versus incapacity. Age Scotland’s new Being An Attorney Guide helps to explain the role and responsibilities, and should be shared with anyone you’re planning to ask.