UNDERSTANDING POWER OF ATTORNEY (PoA)
Your rights • What PoA can and cannot do • What to do when things go wrong
If you’re feeling lost, scared, shut out or unsure what your rights are — start here.
This page explains what PoA legally can and cannot do, what the authorities must do, and the exact wording you can use when something feels wrong.
You are not powerless.
You are not overreacting.
And you are absolutely not alone.
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1. What PoA Is Supposed to Be
A Power of Attorney is meant to:
• help the adult
• protect their rights
• support their wishes
• involve family
• make life easier, not harder
It is not meant to be used to control, isolate, silence, or cut people out.
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2. What PoA CANNOT Legally Do (No matter what anyone tells you)
(Plain English — no jargon)
A PoA cannot:
❌ ban family from visiting
❌ stop phone calls or messages
❌ isolate someone in a care home
❌ instruct staff to block contact
❌ authorise deprivation of liberty (locked doors, no outings)
❌ block information to close family
❌ override the Adult’s wishes
❌ override human rights
❌ act without evidence or justification
❌ make decisions before the PoA is legally registered
Most families don’t know this — and some professionals act as if none of it exists.
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3. Adults with Incapacity (Scotland) Act 2000 – Your Rights
Every single PoA decision must follow ALL FIVE legal principles:
1️⃣ Benefit the adult
2️⃣ Least restrictive option
3️⃣ Take adult’s wishes into account
4️⃣ Consult relevant family
5️⃣ Support the adult to use abilities (e.g., seeing family)
If these weren’t followed, the decision is unlawful — even if social work/care home say otherwise.
If this is happening — DO THIS:-
Copy & paste:
“Please show how this decision meets all five AWI Section 1 principles.
I cannot see evidence of wishes, consultation, or least-restrictive practice.”
Keep records of every response.
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4. Adult Support & Protection (ASP) — Protection From Harm
“Harm” includes:
• emotional harm
• psychological harm
• coercive control
• isolation or blocked contact
• neglect
• undue pressure
Councils must investigate if they suspect harm — even when there is a PoA.
If ASP is ignored — DO THIS:
Email the Adult Protection team:-
Copy & paste:
“I am reporting emotional harm and undue pressure under the ASP Act.
A PoA does not remove your duty to inquire.
Please confirm an ASP inquiry has been opened.”
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5. Mental Welfare Commission (MWC) – Isolation = Restraint
The MWC is crystal clear:
• PoA cannot authorise deprivation of liberty
• PoA cannot ban visits
• Emotional/social isolation = restraint
• Restraint must be justified, proportionate, and lawful
• Major treatment/DNR needs extra legal authority
If you’re told “The PoA says no” — DO THIS:-
Copy & paste:
“According to the Mental Welfare Commission (Rights, Risks & Limits to Freedom), a PoA cannot authorise deprivation of liberty or isolation.
Can you show the legal basis for this restriction?”
They usually can’t.
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6. Anne’s Law — Family Contact
Every care-home resident has the right to:
✔ meaningful family contact
✔ a named essential visitor who cannot be banned
✔ no unreasonable barriers to visiting
A PoA cannot block visits under Anne’s Law.
If a care home blocks you — DO THIS:-
Copy & paste:
“Anne’s Law guarantees meaningful contact and an Essential Visitor.
‘The PoA says no’ is not a lawful reason for restricting visits.
Please confirm the legal authority for this decision.”
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7. Carers (Scotland) Act 2016 – Right to Be Involved
Close family carers have the right to:
✔ be consulted
✔ be included in care decisions
✔ receive information relevant to care
You are legally entitled to be involved.
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8. Human Rights (ECHR) – Family Life & Liberty
Under Articles 5 & 8:
• Isolation can breach your loved one’s rights
• Blocking contact interferes with your rights
• Detention (locked doors/no outings) requires a legal order
Useful wording:-
Copy & paste:
“This restriction interferes with Article 8 (family life) and may engage Article 5 (liberty).
Please provide the legal authority permitting this.”
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9. If These Rights Are Being Ignored
You do not need a solicitor.
You can:
• contact Adult Protection
• contact the Mental Welfare Commission
• submit a concern to the OPG
• ask your MSP to intervene
You are absolutely allowed to ask questions.
You are allowed to challenge decisions.
You are allowed to say no.
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10. Exact Wording to Use (Copy & Paste)
1. “The PoA says no.”
👉 “Can you show the legal authority that allows this restriction?”
2. Visit restrictions
👉 “Please explain how this decision meets all five AWI Section 1 principles.”
3. Contact blocked
👉 “Isolation is emotional harm under the ASP Act. I am requesting an ASP inquiry.”
4. Care home refusing to engage
👉 “Anne’s Law requires meaningful family contact.
Please confirm how this restriction complies.”
5. When you’re being dismissed
👉 “I am simply asking for lawful, evidence-based decision-making.”
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11. You Are Not Alone
Every law on this page should have safeguarded my own family.
They didn’t — and I know we’re not the only ones.
By more families coming forward, we can:
• expose the real picture
• protect each other
• make authorities follow the law
• stop families being erased in silence
Your experience matters.
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🌿 A gentle note
This page is based on public information from Scottish law.
We are not lawyers — we’re families who learned the hard way.
Nothing here is legal advice.
Everything you share stays private.
Now use your voice — and let us know what worked for you.
Your experience could help the next family find their way. 💛