Common myths about Power of Attorney

When it comes to planning for the future, one of the most important legal tools available in Scotland is the Power of Attorney (POA). Yet despite its importance, it’s often misunderstood. Whether it’s fears about losing control, confusion about what POA actually allows, or assumptions about who can create one, myths around Power of Attorney can stop people from putting the right plans in place.

Myth: Creating a Power of Attorney means you lose control

Reality: Granting Power of Attorney does not mean you automatically give up your rights. In fact, as long as you have mental capacity, you remain fully in control of your decisions.

A Power of Attorney only becomes active when needed. If it’s in relation to welfare powers your attorney can only make decisions when you’re unable to do so yourself, usually when certified by a medical practitioner that you no longer have the capacity to make such decisions. For financial powers (known as continuing powers), you can choose whether those start immediately or only come into effect if you lose capacity.

Myth: It’s only for the elderly

Reality: While many people associate Power of Attorney with old age, the truth is that anyone can become unable to make decisions due to illness, accident, or unforeseen circumstances.

Creating a POA when you’re younger and mentally fit ensures your wishes are respected no matter what happens. It’s about being prepared, not just for ageing but for life’s unexpected turns.

Myth: Family can automatically step in if something happens

Reality: Without a POA, even close family members do not have the legal right to make decisions on your behalf—be it accessing your bank account, paying bills, or making health choices.

If you lose capacity and do not have a POA in place, your loved ones may need to apply for a Guardianship or Intervention Order, which is a much longer, more complicated and potentially more expensive process.

Myth: You need two Powers of Attorney

Reality: In Scotland, welfare and financial decisions can be combined into one document:

• Welfare Powers: Cover decisions about medical treatment, daily care, and life-sustaining treatment.
• Financial or Continuing Powers: Deal with money matters, such as managing bank accounts, paying bills, and buying/selling property.

It’s common—and often recommended—to have a combined Power of Attorney in place.

Myth: It’s too complicated or expensive to set up

Reality: While it’s a legal document and should be approached carefully, setting up a Power of Attorney is more straightforward than many assume. If you’re considering setting up a POA, speak to a legal adviser or explore the Scottish government’s resources through the Office of the Public Guardian’s website https://www.publicguardian-scotland.gov.uk/

Myth: You can wait until something goes wrong

Reality: Unfortunately, you cannot make a Power of Attorney once you’ve lost mental capacity. That’s why it’s crucial to do it before you need it. It’s not about giving up control—it’s about ensuring the people you trust are legally empowered to help you when you need them most.

Power of Attorney is one of the most powerful legal safeguards you can have. It protects your interests and gives clarity and comfort to your loved ones in times of need. Don’t let myths and misunderstandings confuse you — planning ahead is an act of care, not just for yourself but for everyone around you.