Power of Attorney

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)

• and/or welfare matters (welfare power of attorney)

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. The document must be registered with the Office of the Public Guardian (Scotland) before it can be used.

View YouTube Short video clips of David Fraser, Chair of The Highland Council Health, Social Care and Wellbeing Committee, talking about PoA:

• What is Power of Attorney really about?

• What are some misunderstandings about PoA?

When should I set up a PoA?

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

A PoA can be arranged at any time while the adult retains capacity. It provides legal authority for decisions to be made, if the adult is unable to make decisions for themselves in the future.

National research reveals a significant gap between public awareness of PoA and the number of people who actually have one.

Research by the Standard Life Centre for the Future of Retirement (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's the difference between PoA and a Will?

In Scotland, a Will is a legal document that outlines how a person's assets and property should be distributed after their death.

Power of Attorney is a legal document that allows an adult, the granter, to appoint an attorney to act on their behalf should they become incapable of making decisions in respect of their welfare and affairs in the future. This can only be granted by the adult themselves, at a time that they retain decision-making authority, and only takes effect when they no longer retain capacity in the areas of decision-making in question. The adult chooses how their capacity will be determined and decides if the PoA is for welfare,  property/finances, or both.

What's the difference between PoA and Guardianship?

Power of Attorney can only be granted by an individual who can understand and explain their wishes.

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.

Power of Attorney case studies

Real some real, local stories about Power of Attorney and Guardianship from Catriona, Andrina and Highland Council's Welfare Support Team.

Highland Power of Attorney Month

NHS Highland and The Highland Council promoted Highland Power of Attorney Month throughout June 2026. This was a joint public awareness campaign to encourage every adult across the Highland area to consider putting a PoA in place. The campaign was the first of its kind in Highland.

Office of the Public Guardian (Scotland)

What is a Power of Attorney? - explains more about a PoA and how to obtain one.

Contact

• phone 01324 678 300

  use option 1 for Scottish Power of Attorney enquiries

  available 9.00am to 5.00pm Monday to Friday

• email opg@scotcourts.gov.uk

See more contact details for specific 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

• Resources and guidance for unpaid carers