It should be noted that the information contained in this section relates to our current understanding of the law of Scotland as it relates to the Power of Attorney (PoA), which is subject to change. Laws in other parts of the UK will differ.
Powers of Attorney are not regulated by the Financial Conduct Authority.
Powers of Attorney are not part of the Quilter Financial Planning offering and are offered in our own right. Quilter Financial Planning accept no responsibility for this aspect of our business.
Managing your affairs and lasting power of attorney
There may come a time when, because you are incapable of managing your property and financial affairs or personal welfare, you will need someone to do this for you.
You can formally appoint a friend, relative, or professional to hold a power of attorney that will allow them to act on your behalf. A power of attorney in Scotland has no legal standing until it is registered with the Office of the Public Guardian (Scotland).
A power of attorney is a legal document that lets you appoint someone you trust as an 'attorney' to make decisions on your behalf. It includes a certificate signed by a solicitor registered to practise law in Scotland, or a practising member of the Faculty of Advocates or by a registered UK medical doctor with a licence to practise.
It can be drawn up at any time while you have the capacity but has no legal standing until it is registered with the Office of the Public Guardian.
A registered PoA can, unless the document states differently, be used at any time, whether you have the mental ability to act for yourself or not.
You can create three types of PoA:
- Continuing PoA
- Welfare PoA
- Combined PoA
Continuing PoA
A Continuing Power of Attorney allows you to choose someone to look after your property and financial affairs. If you wish, your attorney can do so as soon as the Continuing PoA becomes effective, and it continues into incapacity if you become mentally incapable. This power of attorney can also contain welfare powers, such as determining your accommodation should you need to move because of changing levels of care. These powers only come into effect upon incapacity.
Welfare PoA
A Welfare Power of Attorney allows you to choose someone to ensure your welfare needs are taken care of when you lose the capacity to make decisions on matters to which the powers apply.
Combined PoA
A Combined Power of Attorney gives continuing and welfare powers.
How Many People Should You Appoint and Whom?
There is no limit to the number of people you can appoint to be an attorney, but they must be aged over 16 and be willing to take on the role.
You may not be able to check up on the attorney yourself if you become incapable, so it may be a good idea to appoint more than one person to help prevent abuse of the responsibility. Choose people you can trust to act in your best interests. You should consider how well they look after their own financial affairs and whether you can trust them to use your money to meet your needs. This may not necessarily be the person closest to you, but rather someone who will best represent your wishes.
Depending on the complexity of your property and financial affairs, it may be a good idea to get advice from a solicitor before making a Power of Attorney.
You can get further advice from the Office of the Public Guardian about making a Power of Attorney.
How to Register Your Power of Attorney
Either you or your attorney can apply to the Public Guardian to register your PoA. The application can be made at any time after you have made a PoA.
Before the application to register the PoA is made, the people named as being entitled to receive notification of the application must be told by the person who wants to register it.
To register your PoA with the Office of the Public Guardian, you can send the relevant documentation by post or via EPOAR (Electronic Power of Attorney Registration), an online service that can process your PoA more quickly than if sent by post.
Once the PoA has been registered, the Office of the Public Guardian will give notice that the application has been received to:
- The Sender (usually a solicitor).
- You (the "granter").
- Persons stated by the PoA to receive a copy.
How Long Does the Process Take?
The Office of the Public Guardian has a target of processing PoAs within 30 days of receiving the document by post. This timeframe can be speeded up if submissions are made via EPOAR.
Cancelling Your Power of Attorney
You can cancel your PoA if you have the mental capacity to do so. A PoA can only be cancelled/revoked by the granter. You can also revoke some of the powers in the PoA if you have the mental capacity to do so.
To cancel or revoke a PoA or any part of it, you must inform the Office of the Public Guardian. You will need to provide a revocation notice that clearly states your intentions along with a revocation certificate. This can be obtained from either:
A practising member of the Faculty of Advocates.
A practising Solicitor registered to practice law in Scotland.
A UK registered and licensed medical practitioner.
They will interview you to be certain you understand what you are doing by revoking all or part of the PoA.
It should be noted that the information contained in this section relates to our current understanding of the law of Scotland as it relates to the Power of Attorney (PoA), which is subject to change. Laws in other parts of the UK will differ.
Powers of Attorney are not regulated by the Financial Conduct Authority.
Powers of Attorney are not part of the Quilter Financial Planning offering and are offered in our own right. Quilter Financial Planning accept no responsibility for this aspect of our business.
Managing your affairs and lasting power of attorney
There may come a time when, because you are incapable of managing your property and financial affairs or personal welfare, you will need someone to do this for you.
You can formally appoint a friend, relative, or professional to hold a power of attorney that will allow them to act on your behalf. A power of attorney in Scotland has no legal standing until it is registered with the Office of the Public Guardian (Scotland).
A power of attorney is a legal document that lets you appoint someone you trust as an 'attorney' to make decisions on your behalf. It includes a certificate signed by a solicitor registered to practise law in Scotland, or a practising member of the Faculty of Advocates or by a registered UK medical doctor with a licence to practise.
It can be drawn up at any time while you have the capacity but has no legal standing until it is registered with the Office of the Public Guardian.
A registered PoA can, unless the document states differently, be used at any time, whether you have the mental ability to act for yourself or not.
You can create three types of PoA:
- Continuing PoA
- Welfare PoA
- Combined PoA
Continuing PoA
A Continuing Power of Attorney allows you to choose someone to look after your property and financial affairs. If you wish, your attorney can do so as soon as the Continuing PoA becomes effective, and it continues into incapacity if you become mentally incapable. This power of attorney can also contain welfare powers, such as determining your accommodation should you need to move because of changing levels of care. These powers only come into effect upon incapacity.
Welfare PoA
A Welfare Power of Attorney allows you to choose someone to ensure your welfare needs are taken care of when you lose the capacity to make decisions on matters to which the powers apply.
Combined PoA
A Combined Power of Attorney gives continuing and welfare powers.
How Many People Should You Appoint and Whom?
There is no limit to the number of people you can appoint to be an attorney, but they must be aged over 16 and be willing to take on the role.
You may not be able to check up on the attorney yourself if you become incapable, so it may be a good idea to appoint more than one person to help prevent abuse of the responsibility. Choose people you can trust to act in your best interests. You should consider how well they look after their own financial affairs and whether you can trust them to use your money to meet your needs. This may not necessarily be the person closest to you, but rather someone who will best represent your wishes.
Depending on the complexity of your property and financial affairs, it may be a good idea to get advice from a solicitor before making a Power of Attorney.
You can get further advice from the Office of the Public Guardian about making a Power of Attorney.
How to Register Your Power of Attorney
Either you or your attorney can apply to the Public Guardian to register your PoA. The application can be made at any time after you have made a PoA.
Before the application to register the PoA is made, the people named as being entitled to receive notification of the application must be told by the person who wants to register it.
To register your PoA with the Office of the Public Guardian, you can send the relevant documentation by post or via EPOAR (Electronic Power of Attorney Registration), an online service that can process your PoA more quickly than if sent by post.
Once the PoA has been registered, the Office of the Public Guardian will give notice that the application has been received to:
- The Sender (usually a solicitor).
- You (the "granter").
- Persons stated by the PoA to receive a copy.
How Long Does the Process Take?
The Office of the Public Guardian has a target of processing PoAs within 30 days of receiving the document by post. This timeframe can be speeded up if submissions are made via EPOAR.
Cancelling Your Power of Attorney
You can cancel your PoA if you have the mental capacity to do so. A PoA can only be cancelled/revoked by the granter. You can also revoke some of the powers in the PoA if you have the mental capacity to do so.
To cancel or revoke a PoA or any part of it, you must inform the Office of the Public Guardian. You will need to provide a revocation notice that clearly states your intentions along with a revocation certificate. This can be obtained from either:
A practising member of the Faculty of Advocates.
A practising Solicitor registered to practice law in Scotland.
A UK registered and licensed medical practitioner.
They will interview you to be certain you understand what you are doing by revoking all or part of the PoA.
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