More than one million people aged over 50 in Scotland do not have a Power of Attorney in place, according to new research from Age Scotland. The charity is urging people to plan ahead after its latest survey found around half of Scots over 50 have yet to make the legal arrangement, despite it allowing someone they trust to make financial and welfare decisions on their behalf if they become unable to do so themselves.
What is a Power of Attorney?
A Power of Attorney is a legal document that allows someone to appoint one or more trusted people to manage their affairs if illness, an accident or a loss of mental capacity leaves them unable to make decisions. The document covers both financial and welfare matters.
Research involving 4,400 people aged over 50 found 49 per cent do not have a Power of Attorney in place. Applied across Scotland's over-50 population, Age Scotland estimates this equates to more than one million people. The survey also found only 21 per cent of people aged 59 and under have put a Power of Attorney in place.
Consequences of not having one
Without a Power of Attorney, relatives do not automatically have the legal authority to manage someone's finances or make decisions about their welfare. Instead, families may have to apply to the courts for guardianship, which can be a more complex, time-consuming and expensive process. A Power of Attorney must also be put in place while someone still has the mental capacity to understand and authorise it, meaning it cannot simply be arranged after they lose the ability to make their own decisions.
Katherine Crawford, chief executive of Age Scotland, said: "Our research shows more than one million over-50s in Scotland do not have a Power of Attorney. If life takes an unexpected turn, it is important to know that the support you need will be available, but barely one in five people in their fifties have this important tool set up."
Types of Power of Attorney in Scotland
There are different types of Power of Attorney in Scotland. A Continuing Power of Attorney covers financial and property matters, while a Welfare Power of Attorney allows someone to make decisions about health and personal welfare. Many people choose to create a combined Power of Attorney covering both.
Age Scotland has launched the initiative with Scottish legal firm Lindsays, which will donate a proportion of the fees it receives from charity referrals to support Age Scotland's work with older people and their families.
Expert advice
Grant Johnson, partner and head of private client services at Lindsays, said: "Too few people have Powers of Attorney in place. Having one gives clarity, reduces uncertainty, and helps avoid difficult decisions and potentially additional delays and costs later on. It gives people and their loved ones peace of mind at what are challenging and stressful times. Age is not a factor. Any one of us can become unexpectedly incapacitated at any time, whether temporarily or permanently."
