National Power of Attorney Day 2025

National Power of Attorney (PoA) Day on 23 November is when the public are reminded of the importance of having Power of Attorney - a legal document that allows an agreed person to act on their behalf in the event of an emergency, illness or accident.

Statistics show that around a third of patients are delayed in their discharge from hospital because they don’t have one in place. That means more time in hospital and away from home comforts.

PoA is a legal document giving a chosen person the authority to act or make decisions on another person’s behalf. PoA comes into being when that person is no longer able to look after their financial or personal affairs. The person, or people, who are granted these powers are known as ‘attorneys’. The person giving them the authority is called a ‘granter’. Attorneys must always act in the granter’s best interest.

Karen Lockhart, Assistant Chief Officer for Adult Services, Glasgow City Health and Social Care Partnership (HSCP) highlighted the importance of having a POA in place, not only to give peace of mind to people and their families, but to avoid issues like unnecessary hospital delays in hospital following an unplanned admission.

Karen said: “Having a PoA in place means you can nominate someone you trust to make the important decisions about your daily living routines, including medical care and treatment as well as alternative care options like moving into a care home or being supported at home.  Not many people know that even if you have a next of kin, you still need a PoA to make sure your wishes are followed if you become incapacitated – it doesn’t automatically fall to your next of kin.

“The truth is that families face a long and stressful process if they haven’t arranged a Power of Attorney.

“You might think it's something you don’t need to bother with because you’re young, fit and have family members, or close friends will be there to do that for you, but that’s not how it works. By law, no one has an automatic right to make decisions on your behalf.

“It’s vitally important to have arrangements like a PoA in place. It means there’s someone you know and trust who is legally – and without complication or delay – authorised to make decisions on your behalf rather than a stranger.”

Setting up a PoA in Scotland is simple with the right planning and legal aid may be available to those on low and modest incomes.

You can find out more about appointing a PoA from:

Public Office of Guardian (Scotland)

Age Scotland has a useful leaflet.

NHS Greater Glasgow and Clyde has more information on preparing for healthcare including PoA.