The Importance of Power of Attorney for Everyone Over 16
Published byKathleen McArthur
NHS Greater Glasgow and Clyde has emphasised the critical need for individuals over the age of 16 to establish a Power of Attorney (PoA).
This call to action, echoed by Professor Angela Wallace, highlights the importance of ensuring that your wishes are respected, and your affairs are managed according to your preferences in the event of an accident or illness.
Why Power of Attorney Matters
A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself. This can include decisions about your health care, finances, and personal welfare. Without a PoA, there is no automatic right for your next of kin to make these decisions, which can lead to significant complications and delays in critical moments.
The Reality of No Automatic Powers
Many people assume that their next of kin will automatically have the authority to make decisions for them if they are incapacitated. However, this is not the case. In Scotland, without a PoA, your loved ones may face legal hurdles and may need to apply to the court to gain the necessary powers to act on your behalf. This process can be time-consuming and stressful, especially during an already challenging time.
Taking Action
Establishing a Power of Attorney is a process that can provide peace of mind for you and your family. It ensures that someone you trust is legally empowered to make decisions that align with your wishes. NHS Greater Glasgow and Clyde recommend that everyone over the age of 16 consider putting a PoA in place as part of their personal planning.
Conclusion
By taking the proactive step of setting up a Power of Attorney, you can avoid unnecessary legal complications and ensure that your affairs are managed smoothly in the event of an accident or illness. It is a simple yet powerful tool to protect your interests and provide clarity and security for your loved ones.
For more information on how to establish a Power of Attorney, contact us on 0141 248 3434 or email KMcA@wjm.co.uk
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at March 2025. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
