Data released by Scotland’s largest health board has highlighted the potential challenges families could face if a loved one doesn’t have a Power of Attorney in place.
According to a BBC report, in NHS Greater Glasgow and Clyde, a third of patients who are delayed getting out of hospital are stuck because they don’t have a Power of Attorney. This means there isn’t someone to make decisions on behalf of a patient if they no longer have the mental capacity to do so, which might mean they can’t be discharged.
A Power of Attorney is a legal way to give someone you trust the power to make decisions if you’re unable to make them yourself.
Without a Power of Attorney in place, loved ones will usually need to go to court for guardianship. The process can be lengthy and may be costly.
In addition, the court may appoint someone that you would not choose yourself or haven’t spoken to about your wishes.
Despite this, a March 2025 survey from the Phoenix Group found only 8% of people have a Power of Attorney in place, and just 13% said they knew a lot about the legal arrangement.
If you haven’t named an attorney by registering a Power of Attorney, essential decisions could be delayed.
You can name more than one person as an attorney and state whether they can make decisions separately or if they must make them together. It’s important to consider who you choose as an attorney – someone who understands your wishes and you can trust to act on your behalf.
There are two types of Power of Attorney, although these are often combined into one document.
Welfare Power of Attorney
As the BBC report highlights, there are times when people cannot make welfare decisions themselves. It could mean you’re left in a vulnerable or uncomfortable position as your loved ones are unable to act if you don’t have an LPA in place.
In addition to managing care following a hospital stay, a welfare Power of Attorney might cover decisions like:
- Your daily routine
- Moving into a care home
- Medical care, including life-sustaining treatment.
Naming a welfare Power of Attorney allows your family or other loved ones to make decisions that could support your wellbeing and quality of life. These powers cannot be exercised until such a time as you have lost the capacity to make these decisions.
Continuing Power of Attorney
If you cannot make decisions yourself, your financial affairs could quickly fall into disarray.
Think about all the financial decisions you make regularly. You might need to withdraw an income from your pension, move money into a separate account to pay utility bills or go grocery shopping.
A person named as your property and financial affairs attorney, also known as a “continuing Power of Attorney”, might make decisions about:
- Paying your bills
- Selling your home
- Collecting your pension
- Managing your bank account or other assets.
You can decide if you want your continuing Power of Attorney to have an immediate effect or if you only want it to begin should you become incapable of making decisions yourself.
So, naming an attorney could keep your finances on track and ensure you remain financially stable, whether you live independently or move so you have greater support in your day-to-day life.
You can complete an online form to register a Power of Attorney
You can complete a Power of Attorney yourself using information available online. However, we recommend engaging a solicitor’s help, or contacting us for advice. You can read more here.
It usually costs £96 to register your Power of Attorney.
You should note that it can take several months to make and then register a Power of Attorney if there are no mistakes. So, if it’s a task you’ve been putting off, making it a priority could be worthwhile and offer you peace of mind.
Contact us to talk about your estate plan
It may be useful to consider naming an attorney as part of a wider estate plan, which might consider areas like funding care costs, passing on wealth during your lifetime, and writing a will.
If you’d like to review your estate plan, please get in touch. As well as talking about your options and how to manage your finances later in life, we could also help you speak to your loved ones so they understand your wishes should they need to make decisions on your behalf in the future.
Please note: This blog is for general information only and does not constitute financial advice, which should be based on your individual circumstances. The information is aimed at retail clients only.
The Financial Conduct Authority does not regulate Powers of Attorney, will writing, or some aspects of estate planning.
