Power of Attorney Scotland: Types, Cost and Registering

There are 3 types, and the Public Guardian says most it registers are combined.

The Public Guardian does not register general powers of attorney. In England and Wales the equivalent is a lasting power of attorney, which works differently.

Without one, nobody has an automatic right to make decisions for you if you can no longer do so yourself. That includes your spouse and your family. Someone might have to go to court for a guardianship or intervention order before they could act on your behalf.

Anyone over 16 can make one, if you have capacity and understand what you are doing. If you are currently declared bankrupt, you cannot make one for your financial or property affairs, though you can still make one for your personal welfare.

Your attorney must be over 16 and willing to take on the role. There is no limit on how many you can appoint, and you can appoint a sole attorney, joint attorneys and substitute attorneys. You can appoint an organisation, such as a firm of solicitors, as your continuing attorney, but only individuals can be welfare attorneys. Someone currently declared bankrupt cannot be a continuing attorney.

• Ask a solicitor for legal advice.
• Decide who you want as your attorney and what powers to give them.
• Have the document drafted. Most solicitors can help, and some companies and stationery shops sell packs.
• Be interviewed and sign in the presence of a solicitor registered to practise in Scotland, a practising member of the Faculty of Advocates, or a registered UK doctor with a licence to practise.
• Send the document and fee to the Public Guardian, online through the EPOAR service or by post.

The person interviewing you confirms you understand the nature and impact of making it, and signs a certificate of capacity, also known as schedule 1. They do this to make sure you are not under undue influence.

The fee for registering is £99, and you might be entitled to a fee exemption, in which case you must send your documents by post. A solicitor charges their own fee for drafting, and prices vary.

The Public Guardian charges £154 if it audits accounts submitted by a continuing attorney. Our guide to what a power of attorney costs covers the fees elsewhere in the UK.

By post, you send the signed document with its completed certificate, a registration form signed by the attorney, and the fee. If the document is valid, the Public Guardian registers it and sends a certificate of registration and a copy to the person who submitted it. If it cannot register it, it returns it to you.

The Public Guardian says processing is taking longer than it would like, and publishes a weekly update on its current times. You can ask for urgent registration at no extra charge in cases such as these:

• you have since lost capacity and urgent decisions are needed
• you have been admitted to hospital and urgent action is needed
• you need to move from hospital with a care package or into a care home
• you are at risk of financial harm because you cannot pay bills or care fees
• you have been discharged from hospital and a financial assessment is to be done

If the request is granted, it usually takes around 5 working days, though the Public Guardian says the current wait is around 10 working days.

Yes, it can be revoked or amended once registered. You must be interviewed by one of the same prescribed people to confirm you have capacity to do this. The Public Guardian must also be told if you move address, if you or your attorney dies, or if you change your name.

Yes, if an organisation such as a bank accepts its authority. If it does not, things are more difficult. The Public Guardian says that if you now live in England or Wales and still have capacity, you may wish to make an English or Welsh one.

In Northern Ireland, an enduring power must be registered with the High Court (Office of Care and Protection) once you become unable to manage your affairs. Our power of attorney guides cover the rest of the UK, and our guide to care needs assessments covers what happens if you need care.