Set up a power of attorney in Scotland — process and what it covers

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set up a power of attorney

A power of attorney lets you choose who makes decisions for you if you ever cannot make them yourself. It is the single most useful document most people never get round to, and in Scotland it works differently from England.

RFPublished by Rooney Family Law Limited, solicitors, regulated by the Law Society of Scotland · Last reviewed 12th August 2026

The short version

In Scotland a power of attorney is granted under the Adults with Incapacity (Scotland) Act 2000. There are two kinds and most people grant both together: a continuing power of attorney covering property and money, and a welfare power of attorney covering health and personal decisions. A solicitor or doctor must certify that you understand what you are doing, and the document must be registered with the Office of the Public Guardian in Scotland before it can be used.

If you are looking for a lasting power of attorney

Lasting powers of attorney do not exist in Scots law. They are the English and Welsh equivalent, granted under different legislation and registered with a different body. If you live in Scotland, or the person you are acting for does, you need a Scottish continuing or welfare power of attorney instead.

This matters more than a difference in vocabulary. An English form completed by a Scottish resident is not a valid Scottish power of attorney, and it is a mistake people discover at the worst possible moment.

The two kinds, and why most people grant both

Continuing power of attorneyProperty and financial affairs. Paying bills, operating bank accounts, dealing with a house, managing investments and pensions. You can choose whether it starts immediately or only if you lose capacity.
Welfare power of attorneyHealth and personal welfare. Where you live, what care you receive, consenting to or refusing treatment. This one can only ever be used once you have lost capacity — never before.

Most people grant a combined document covering both. It is usually the same appointment, the same meeting and very little extra cost.

The certificate — the part people get wrong

A Scottish power of attorney is only valid if it includes a certificate from a solicitor, an advocate or a registered medical practitioner confirming that you understand what you are granting and that you are not acting under undue influence. The requirement sits in sections 15(3)(c) and 16(3)(c) of the 2000 Act.

That is why downloaded templates so often fail. The form may be perfectly good, but without a valid certificate from someone who has actually interviewed you, the Office of the Public Guardian will not register it — and an unregistered power of attorney is of no use to anybody.

What it costs

There are two separate costs and they are often confused.

  • The solicitor’s fee for taking your instructions, drafting the document and providing the certificate. Firms usually quote a fixed fee, and many offer a reduced rate where a couple grant powers at the same time.
  • The registration fee payable to the Office of the Public Guardian, which is set by them and changes periodically. Exemptions are available on low income or certain benefits.

Ask for both figures before you instruct anyone, and ask whether the quoted fee includes the registration dues or is exclusive of them.

Choosing your attorney

This decision matters more than the document. Your attorney will be able to deal with your money and, in time, with your care. Choose someone who is willing, who will still be around, and who is capable of doing it.

You may appoint more than one, and you can say whether they must act together or may act independently. Appointing two people who must always agree sounds safe and can be paralysing in practice. It is worth thinking about a substitute in case your first choice cannot act.

You must have capacity to grant it

A power of attorney can only be granted while you still understand what you are doing. Once someone has lost capacity it is too late, and the family must apply to the sheriff court for a guardianship order instead — which is slower, considerably more expensive and involves medical reports and a court hearing. That is the whole argument for doing this sooner rather than later.

Common questions

Does it take effect straight away?
A continuing power of attorney can, if you want it to — some people find that useful. A welfare power of attorney never does; it can only be used once you have lost the capacity to make the decision yourself.
Can I change or cancel it?
Yes, at any time while you still have capacity. Revocation is notified to the Office of the Public Guardian.
Can I do it myself?
Templates exist, but the certificate must come from a solicitor, advocate or doctor who has interviewed you, so you cannot complete the whole thing alone. The commonest reason applications are rejected is a defective certificate.
Does an English lasting power of attorney work in Scotland?
This is fact-dependent and there are recognition provisions, but it is not automatic and institutions in Scotland frequently query it. If you are resident in Scotland, grant a Scottish one.

A note on this page

This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.

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