Power of Attorney

Highland Power of Attorney Month 2026

NHS Highland and The Highland Council have launched Highland Power of Attorney Month, a joint public awareness campaign running throughout June 2026 to encourage every adult across the Highland region to consider putting a PoA in place.

The campaign is the first of its kind in Highland and comes as national research reveals a significant gap between public awareness of Power of Attorney and the number of people who actually have one.

Research by the Standard Life Centre for the Future of Retirement, published in March 2025, found that:

• fewer than 1 in 10 adults across Great Britain have an up-to-date PoA in place
• 45% have never thought about putting one in place at all

What is a power of attorney?

A Power of Attorney document is drawn up by an adult (the granter), giving specific powers to someone they trust to make decisions or take actions on their behalf. This person is called their attorney.

Someone can only make a PoA when they have the capacity to understand what it means to grant these powers.

The powers granted can be financial and property matters (called continuing power of attorney) or welfare matters (welfare power of attorney). The document must be registered with the Office of the Public Guardian before it can be used.

Someone granted a continuing PoA can use it as soon as it is registered, unless the PoA says otherwise. A welfare PoA can only be used for decisions the person has lost the capacity to make him or herself. Some PoAs say that the attorney can only use their powers after a specific event, such as an assessment by a doctor to say the person has lost capacity.

Both medical professionals and solicitors are legally empowered to authorise power of attorney.

When should I set up a PoA?

Power of Attorney is not limited to people who are older or unwell. No one can predict when they may face an unforeseen illness, accident or other debilitating event that may render them incapacitated. 

Everyone should consider setting up a PoA at any stage of life, to avoid any future complications.

What is the difference between Power of Attorney and Guardianship?

A Power of Attorney can only be granted to an individual who can understand and explain their wishes, whereas Guardianship applies when a person does not have capacity to make decisions on their own behalf.

A welfare guardian can be an individual, such as a relative or close friend, or the Chief Social Work Officer. The guardianship order will say which decisions and/or actions the welfare guardian can take on behalf of the person with incapacity. The guardian is appointed by the sheriff's court.

More information

Office of the Public Guardian (Scotland)

• What is a Power of Attorney? - explains more about a PoA and how to obtain one
• Contact details - for general advice and guidance

More resources

• Setting up power of attorney -  from Scottish Government
• Managing affairs for someone else - from Citizens Advice (Scotland)
• Guide to Power of Attorney in Scotland - from Age Scotland