When many people think about a Power of Attorney, they often associate it with later life, something to consider only when age or illness becomes a factor. But the reality is that having a Power of Attorney as a young adult is a proactive and responsible step that can help safeguard your future, no matter your age or health.
At Drummond Miller, we regularly advise clients in their 20s, 30s, and 40s on the importance of planning ahead. Life can be unpredictable, and a Power of Attorney ensures that if something unexpected happens, someone you trust is legally able to make decisions on your behalf, whether about finances, medical treatment, healthcare decisions, or day-to-day needs.
What is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that gives one or more people, known as your Attorneys, the authority to act on your behalf if you’re no longer able to make decisions yourself.
In Scotland, a Power of Attorney typically covers two areas:
- Continuing powers, which relate to your property and financial affairs
- Welfare powers, which relate to your personal care and health decisions
These powers can be tailored to your needs and preferences, and your Attorneys can include trusted family members, friends, or professionals. There are similarities between a welfare PoA and what’s known elsewhere as a Health and Welfare Lasting Power of Attorney or a Health Care Power of Attorney.
By preparing a Power of Attorney in Scotland, you choose who will act for you, and you set the terms under which they can act, helping ensure your wishes are respected, even if you’re no longer able to express them.
This decision must be made while you still have mental capacity. If you wait too long and lose capacity, an Attorney can no longer be appointed through a PoA.
Why a Power of Attorney for Young Adults Makes Sense
It’s a common question: “Am I too young for a Power of Attorney?” The answer is no, and in fact, arranging a Power of Attorney as a young adult can offer protection, clarity, and peace of mind at every life stage.
Here’s why it matters:
- Unexpected illness, accidents, or medical emergencies can happen at any age. Without a Power of Attorney, no one has automatic authority to make medical decisions for you, even close family.
- If you lose capacity, your loved ones may need to apply to the court for a Guardianship Order, which is a longer and more complex application process.
- Having a Power of Attorney in place ensures that someone you trust can step in immediately, helping manage your affairs smoothly and without delay.
Whether you’re studying in college, working, travelling, buying a home, or raising children, a Power of Attorney is a key part of responsible life planning. It can be part of wider estate planning and often sits alongside a Will or medical wishes and advance decision documents.
What Can an Attorney Do on Your Behalf?
A Power of Attorney lets you appoint someone to manage specific aspects of your life, if needed. These may include:
Continuing (Financial) Powers
Your Attorney can:
- Pay bills and manage your bank accounts
- Deal with benefits or pensions
- Buy or sell property on your behalf
- Handle day-to-day finances
- Submit a benefit claim or deal with a benefit claim form on your behalf
- Communicate with institutions such as the Department for Work and Pensions or a benefit office
- Write or deposit cheques on your behalf
These are sometimes referred to in other jurisdictions as a Financial Durable Power of Attorney or a Property and Financial Affairs Lasting Power of Attorney. In Scotland, they form part of the standard continuing powers in a Power of Attorney deed.
Welfare Powers
These are only used if you lose capacity, and can include:
- Making decisions about your medical care or treatment
- Choosing where you live or the type of care you receive
- Making personal welfare decisions in line with your values and preferences
This is similar in principle to what may be known elsewhere as a Medical Power of Attorney. However, in Scotland, the framework is governed by Scottish law and overseen by the Office of the Public Guardian (Scotland).
You can specify whether these powers should begin immediately or only if you're no longer able to make decisions for yourself. Your solicitor can assess your understanding and document your mental capacity to ensure the Power of Attorney is valid.
Your Attorney may also communicate with medical providers, healthcare professionals, or insurance companies if needed to support your care or financial wellbeing.
Do I Really Need a Power of Attorney in My 30s?
Absolutely. In your 30s, you may have new responsibilities, a mortgage, a young family, or a business. If something were to happen to you, even temporarily, who would be able to manage these?
Without a Power of Attorney:
- No one can access your bank accounts, not even a spouse or parent
- Your home or tenancy arrangements could be delayed if decisions need made quickly
- Medical decision-making and care decisions may be left in limbo while the court process begins
Creating a Power of Attorney gives you control and ensures those closest to you can act without delay or legal hurdles.
What Happens If I Lose Capacity Without a Power of Attorney?
If you lose capacity, for example, through illness or a serious accident, and you haven’t made a Power of Attorney, no one has the automatic right to manage your affairs. In this situation:
- A loved one must apply to court for a Guardianship Order or intervention order
- This process can take several months
- It may involve solicitor and court fees, an assessment of capacity, and input from Doctors and your medical history.
- The person appointed may not be the individual you would have chosen
By contrast, a Power of Attorney avoids these issues entirely. It’s fast, effective, and legally valid once registered with the Office of the Public Guardian (Scotland).
Choosing Your Attorney: What Should You Consider?
Choosing the right Attorney is an important decision. You should consider someone who:
- Understands your values and preferences
- Is trustworthy and reliable
- Is willing and able to act in your best interests
- Can support you in situations involving healthcare decisions, financial management, or liaising with public bodies
You can appoint more than one Attorney, and you can specify whether they act together or separately. Your lawyer will ensure the deed is drafted to reflect your preferences and legal requirements.
You can also update or cancel your Power of Attorney at any time, so long as you still have capacity. It’s also worth providing emergency contact information to ensure your Attorneys and loved ones can be reached quickly if needed.
Why Choose Drummond Miller?
Our Private Client team has decades of experience supporting clients across Scotland with Powers of Attorney, Wills, and other personal planning matters. We work with individuals of all ages, from young professionals to retirees, and tailor every document to reflect your wishes and circumstances.
We understand that thinking about losing capacity can be uncomfortable. That’s why we approach every conversation with care, clarity, and confidentiality, ensuring you feel supported throughout.
We’ll also explain how your Power of Attorney fits into broader incapacity planning, including legal advice on granting a Power of Attorney that reflects your personal needs.
Speak to a Solicitor Today
Our private client legal services for Power of Attorney are designed to support you with every step of the process, at any age. If you’re considering setting up a Power of Attorney for young adults, our team is here to guide you through the process.
Call us on 0131 226 5151 to find out more.
Take the next step
- Call us on 0131 226 5151