We talk to a lot of clients who tell us the same thing: they meant to sort out a power of attorney but never quite got round to it. It’s understandable. Nobody really wants to think about losing the ability to make decisions. But when dementia is involved, it’s one of those things that can’t wait.
Having a power of attorney in place gives you control over what happens if you cannot make decisions for yourself. It’s not just about money or paperwork. It’s about peace of mind. When it comes to power of attorney and dementia, doing it early really matters.
What It Actually Does
A power of attorney, or POA, is a legal document that lets you name someone to deal with your affairs if you cannot do it yourself. In Scotland there are two types.
A continuing power of attorney covers property and finances such as paying bills, selling a home or managing savings. A welfare power of attorney deals with personal and health decisions, such as care arrangements and medical treatment.
Some people keep them separate while others combine them into one. Financial powers can start straight away if you wish. Welfare powers only come into effect once you have been found to lack capacity.
Everything has to be registered with the Office of the Public Guardian in Scotland (the OPG) before it’s valid. The OPG checks the paperwork and keeps a public register. That is what makes it legally recognised under the Adults with Incapacity (Scotland) Act 2000.
Why It’s Worth Doing Sooner Rather Than Later
Dementia doesn’t follow a set pattern. Some people stay stable for a long time while others decline quickly. The important point is that you can only grant a power of attorney while you still have mental capacity. That means you must understand what you are signing and the powers you are giving.
If that stage has passed, your family cannot create one for you. Their only option is to apply to the sheriff court for a guardianship order, which can take months to arrange. It’s expensive and stressful, and we have seen first-hand how tough it can be on families.
A power of attorney is something you do for the people who care about you as much as for yourself. It saves them from uncertainty later on.
Understanding Capacity
The law in Scotland says a person has capacity if they can understand, retain and use information to make a decision and communicate that decision somehow. It sounds straightforward, but with dementia, it can be tricky.
Capacity can vary day to day. Someone may be perfectly fine in the morning but confused by afternoon. Because of that, solicitors take time to make sure everything is understood. We will meet privately with the person making the document, check comprehension carefully, and sometimes ask a doctor to confirm capacity before signing.
That step protects everyone involved and avoids arguments later on.
Choosing the Right Person
You need someone you trust completely. It could be a partner, a relative or a close friend. Some people prefer to appoint a solicitor or accountant, especially when there might be disagreements within the family.
You can name more than one attorney and decide whether they act together or separately. You can also name substitutes if your first choice cannot act in future. It’s about having options.
When we prepare a power of attorney for clients, we always talk about what powers they want to give. Some prefer to keep it broad while others want it more limited. You can cover things like paying bills, managing property, arranging care or dealing with health matters. The key is that the document reflects what you want.
Getting It Registered
Once everything is signed and certified, it’s sent to the OPG for registration. They will review it and, if everything is in order, send back an official certificate confirming it’s valid. That usually takes a few weeks.
We tell clients to keep the papers somewhere safe and make sure at least one trusted person knows where to find them. It saves time later if the document needs to be used urgently.
If There Is No Power of Attorney
Without a power of attorney, things can get messy quite quickly. Banks and care providers will not take instructions. Doctors may not be able to share full details. Even small things like arranging home help can turn into major issues.
At that point, the only option is a guardianship order from the sheriff court. That process involves medical and social work reports, legal fees and ongoing oversight by the OPG or local authority. It can take months to finalise.
Putting a power of attorney in place now avoids all of that. It gives your loved ones authority to step in easily when you can’t make decisions yourself.
Keep It Under Review
Once it’s registered, don’t forget about it. Review your power of attorney every few years. If circumstances change, such as moving house, changes in relationships or health, update it. You can make changes or cancel it at any time while you still have capacity.
If dementia has already been diagnosed, we always encourage acting sooner rather than later. Even one good discussion while things are still clear can make a real difference later on.
Final Thoughts
A power of attorney is not only a legal document. It’s a plan that gives you and your family confidence about the future.
We’ve helped many families through this process, and most say the same thing afterwards: they wish they had done it sooner. When dementia is involved, that early action makes a huge difference.
Having a power of attorney means someone you trust can handle decisions about care, money and medical treatment if you cannot. It gives everyone peace of mind and helps avoid difficult court processes later on.
If you would like some guidance about power of attorney and dementia, our team here at MM Legal can talk you through what’s involved. We will help you get everything in place calmly and clearly, so you can focus on what really matters.