No one wishes to be left in uncertainty if they suddenly become unable to make decisions for themselves, whether due to a long-term condition, sudden illness or an accident.
When a loved one can no longer make choices on their own - often as a result of dementia, mental health issues or a long-term condition - distressed family members and loved ones frequently find themselves in a position where they do not have automatic legal rights to manage that person's health or social care and financial matters.
Ensuring legal empowerment through Power of Attorney - the only official way to guarantee that a trusted family member or friend can manage a loved one’s affairs is to have a Power of Attorney (PoA) registered with the Office of the Public Guardian (Scotland). Anyone aged 16 or older can grant a PoA, which can address either welfare or financial matters, or both, in a single document.
We have national and local partners from the public, private, and voluntary sectors engaged in supporting community members, which include the Office of the Public Guardian (Scotland), the Scottish Legal Aid Board, the Law Society of Scotland, and Alzheimer Scotland, alongside local carers centres and other third sector organisations.
Evan Beswick, Argyll and Bute HSCP Chief Officer stated: “I recommend that individuals discuss establishing a PoA with their loved ones. It’s so important that if a person falls ill and cannot make decisions, someone is ready to step in.
“Having a PoA can significantly impact by ensuring that people’s wishes are executed promptly, without drawn-out legal negotiations. If a loved one is hospitalised without a PoA, it may delay their discharge and cause unnecessary extended stays.”
Caroline Robertson, Head of Hospitals and Community Care, added: "I urge everyone in Argyll and Bute to educate themselves on how and when to prepare a PoA. Appointing an attorney can alleviate much stress and unneeded distress for families in already challenging situations.
“Choosing an attorney is a really wise decision to make, as it helps safeguard you and your family in the event of an accident or health decline affecting your decision-making capabilities.
“You never know when your physical or mental health might change due to an accident or health condition. It is important to ensure you determine who will manage your affairs if you become unable to do so.”
Both medical professionals and attorneys are legally authorised to grant Power of Attorney.
For more information, visit My Power of Attorney.