Marking Power of Attorney Day in Midlothian

Wednesday 22 April 2026 marks national Power of Attorney Day, a campaign from Carers UK to raise awareness about power of attorney.

What is a Power of Attorney (POA)?

A Power of Attorney is a legal document giving authority to someone else to take actions or make decisions on your behalf. The document lists who can act (attorney), what they can do (powers), and when they can begin acting.

Any adult (18+ in England and Wales and Northern Ireland, and 16+ in Scotland) with the mental capacity to understand what they are signing can make a power of attorney. You do not need to be unwell or elderly – just able to make your own decisions at the time of signing. 

You never know what’s around the corner. We tend to assume that close relatives will automatically be allowed to make decisions on our behalf if something happens to us, but this isn’t true. Without power of attorney, it is not certain who can take decisions on your behalf. With power of attorney in place, you can be confident that you have taken the necessary steps to make everything as clear-cut as possible.  

Power of Attorney Support in Midlothian

In Midlothian, unpaid carers can get free legal advice to apply for a POA from VOCAL Midlothian. They run free monthly appointments to help carers set up a POA. Carers and the people they care for can attend these sessions to see how a POA could help for their individual needs and circumstances.

People who are not carers may wish to make their own arrangements to complete the application, either completing the forms themselves or with the support of a solicitor. Sign-off of the person’s capacity by a solicitor or GP will incur a cost for solicitor, GP services, and lodging fees. You may be able to apply for legal aid to help with legal costs.

Resources and Further Advice

Office of the Public Guardian (OPG) – The OPG are part of the Scottish Courts & Tribunal Service. They have a role to: maintain a public register of POA/Guardianships; register POS; supervise individuals appointed to manage financial and property affairs; investigate circumstances where property or finances of an adult who lacks capacity appears to be at risk.

Scottish Legal Aid Board

Mental Welfare Commission (MWC) – The MWC have duties under mental health and adults with incapacity legislation and are accountable the the Scottish Government.