In Scotland, the law recognises that everyone aged 16 and over has the legal right to make decisions about their own life unless a legal ruling determines otherwise.
One way to plan ahead is by setting up a Power of Attorney. This is a legal document that allows someone you trust to make decisions on your behalf if you become unable to do so. It can also help ensure your financial affairs are managed smoothly and in line with your wishes.
- The person who creates the Power of Attorney is known as the granter.
- The person who is appointed to act on their behalf is called the attorney.
Why a Power of Attorney Matters
Setting up a Power of Attorney offers peace of mind. It means that if you’re ever unable to make decisions for yourself, someone you trust will be legally empowered to act on your behalf.
Your appointed attorney will have the authority and the information they need to make confident, informed choices that reflect your values and preferences.
Without a Power of Attorney in place, decisions about your health, finances, or welfare may be made by someone you wouldn’t have chosen. Even close family members or next-of-kin do not automatically have the legal right to make decisions for you.
In a medical emergency, healthcare professionals will always try to involve you in decisions about your treatment. But if you’re unable to communicate and don’t have an attorney, it may not be possible to ensure your wishes are followed.
It’s important to understand that a Power of Attorney is not the same as a Will. A Will outlines what happens after your death, while a Power of Attorney ensures your affairs are managed while you’re still alive.
Planning ahead means protecting your future and making sure your voice is heard, even if you can’t speak for yourself.