27 April 2026
Having a Power of Attorney in place can make a real difference to how smoothly you receive health and social care if you become unwell.
When a person loses the ability to make decisions and does not have a Power of Attorney, families cannot automatically step in. Court processes are required to appoint a Guardian, which can take months and be costly. During this time, decisions about care and support can be delayed, sometimes resulting in people staying in hospital longer than necessary.
Extended hospital stays can lead to loss of independence, reduced mobility and increased distress, particularly for older or vulnerable people. Planning ahead helps avoid these risks and supports safer, more timely care closer to home where appropriate.
Despite common belief, “next of kin” has no legal authority. The only way to ensure a trusted person can act on your behalf is to grant a Power of Attorney and register it with the Office of the Public Guardian (Scotland). Anyone over the age of 16 can do this, covering welfare decisions, financial matters, or both.
Starting the conversation can be simple. Ask yourself:
- Who knows you best?
- Who listens to you?
- Who do you trust to make decisions on your behalf?
Dr Lynn McCallum, Medical Director at NHS Borders, said: “Across the Borders we regularly see the impact of people not having a Power of Attorney in place. When decisions are delayed because no one has legal authority to act, this can affect access to services and result in people remaining in hospital longer than they need to, which can cause harm.
“Putting a Power of Attorney in place allows decisions to be made promptly, in line with a person’s wishes, and helps reduce distress for families while supporting smoother, safer care.”