There are lots of reasons people delay making a power of attorney. Often, it’s not because they don’t see the point. It’s because of things they’ve heard over the years. Over time, these power of attorney myths can sound convincing enough to put people off.
In Scotland, a power of attorney is actually a very practical document. Clearing up a few common misunderstandings can make it easier to see why it matters.
Myth One: Power of Attorney Is Only for Older People
This is probably the most common of all power of attorney myths. Many people think it’s something to deal with much later in life. The reality is different.
Loss of capacity doesn’t come with an age limit. Accidents, serious illness, or sudden medical events can affect anyone. Under Scots law, the important thing is capacity at the time the power of attorney is granted. If capacity has already been lost, it’s no longer possible to put one in place.
When that happens, family members may need to apply to the sheriff court for a guardianship order. That process takes time and can be stressful, especially when decisions need to be made quickly.
Myth Two: You Lose Control Once You Sign
Another common worry is the idea that signing a power of attorney means giving up control straight away. That isn’t how the system works.
A continuing power of attorney, which covers financial matters, can be written so it only becomes active if capacity is lost. Until then, the person who granted it continues to manage their own affairs. Welfare powers, which relate to health and care decisions, can only be used once someone can no longer make those decisions themselves.
Rather than taking control away, the document acts as a safety net.
Myth Three: A Power of Attorney Can’t Be Changed
Some people believe that once a power of attorney is signed, it’s permanent. This is another example of power of attorney myths causing unnecessary concern.
In Scotland, the document can be changed or cancelled at any time, as long as capacity remains. This allows it to keep pace with life. What felt right ten years ago may not feel right now.
Reviewing a power of attorney from time to time is sensible and quite common.
Myth Four: Family Members Can Automatically Step In
It’s often assumed that a spouse or adult child can simply take over if someone becomes unwell. Under Scots law, that authority doesn’t exist without a power of attorney.
Banks, medical professionals, and care providers usually need formal legal authority before they can act on instructions. Without it, families can feel stuck. In many cases, court involvement becomes the only option.
This is one of the power of attorney myths that tends to cause the most difficulty when it turns out not to be true.
Myth Five: Power of Attorney Is Complicated
Some people avoid the process because it sounds complicated. In practice, it’s usually more straightforward than expected.
A solicitor explains the options, discusses who should be appointed, and prepares the document to reflect personal wishes. Once it’s signed and registered with the Office of the Public Guardian in Scotland, it sits quietly in the background until it’s needed.
Final Thoughts
Power of attorney myths don’t just cause confusion. They lead to delay. Unfortunately, many people only realise how important the document is when they no longer have the ability to create one.
Understanding the facts allows people to plan calmly, without pressure. A power of attorney isn’t about assuming something will go wrong. It’s about being prepared, just in case.