Health and care decisions and legal planning

Knowing about how decisions are made when someone is unwell and legal planning are important for you and the people close to you.

Shared decision-making about your health and care

In Scotland, adults (people aged 16 or over) can make their own decisions about their life, health or care. This is sometimes called mental capacity.

Your ability to take part in shared decision-making is for each decision that needs to be made. You’ll be supported and involved as much as possible in every decision.

Realistic Medicine is an approach to healthcare in Scotland that aims to put people at the centre of decisions about their care. It empowers you to make choices based on information about your options and what works best for you. It’s a partnership between you and your health or care staff.

If you’re not able to take part in a decision, your health and care team will involve anyone who has legal decision-making powers for you. People close to you are included in decision-making too.

Power of Attorney

A Power of Attorney (PoA) is a formal, legal document that gives someone you trust the authority to make decisions for you.

A PoA is important if you’re not able to make all the decisions about your health and care yourself in the future. It’s also helpful if you need support to manage your affairs (for example, your money or your home).

You can only complete a PoA while you have mental capacity to make decisions about it.

The people you appoint are called your ‘attorneys’. It’s better to choose more than one person in case their health or situation change.

There are 3 types of Power of Attorney:

continuing PoA – gives powers to deal with your money and/or property
welfare PoA – gives powers to make decisions around your health or personal welfare
combined PoA – gives continuing and welfare powers to your attorneys

Power of Attorney documents are all registered with the Office of the Public Guardian Scotland.

If you’re thinking about making a Power of Attorney, you could:

talk about it with people you trust
find out more by asking your doctor, nurse or social worker, or by contacting a solicitor
decide which people you’ll choose to be your attorneys
decide what you want your attorneys to be able to do for you

When you’re ready, arrange for your Power of Attorney documents to be written and signed. A solicitor who is registered to practice law in Scotland or a medical doctor registered to practice in the UK will see you and sign your Power of Attorney.

Making a will

A will is a legal document that helps people manage your affairs when you die. It’s much easier for them to do that if you have a legal will. You can also make sure your possessions and any property you own are given to the people you choose.

If someone dies without a will, there can be uncertainty, disputes, and legal expenses. Surviving relatives may even need to go to court to sort things out.

Your will may include:

people who will be responsible for putting your will into action (called executors)
guardianship of any children
funeral arrangements

You may already have a will but want to check it’s up to date. It’s is better to start or update your will while you’re well.

How to make a will

Making a will isn’t as expensive or difficult as many people think. It’s a legal document and must be properly prepared and then signed in front of witnesses.

A solicitor can draft your will and make sure that your wishes are clearly expressed. When you have signed it, you should keep a copy with your other personal papers. You solicitor will usually store a copy for you as well.

All solicitors will quote the cost of carrying out the work beforehand.

Advance directives

You may have strong views about specific medical treatments that you don’t want to have. You can tell health and care staff about this through an advance directive. These are not legal documents in Scotland.

An advance directive is a written statement that’s drawn up and signed by you. It can describe treatments you do not want and explains how you would like to be cared for.

Doctors and healthcare staff can use your advance directive in decision-making about your treatments. It can be used if you could die soon and are too ill to take part in these decisions yourself.