Power of attorney in Scotland (LPA): forms, fees and rules

1. Choose continuing, welfare or both powers

A continuing power covers property and financial matters, such as dealing with bills, bank accounts or a home, within the authority written into the deed. It can be drafted to start immediately or on a stated condition. A welfare power covers decisions about care, accommodation and personal welfare, but an attorney can use it only when the granter is no longer able to make the relevant decision. The deed can include both. Consider safeguards and how multiple attorneys act together.

2. Choose an attorney who understands the role

An attorney must meet Scottish legal eligibility rules and be willing and able to act. Choose someone trustworthy who understands your values, communicates calmly and can manage practical tasks. Talk with them first; being named does not mean they must accept. You can appoint more than one attorney, say whether they act jointly or separately, and appoint a substitute. Consider a backup for illness, distance or a change in relationship. An attorney must follow the deed, act for the granter’s benefit and respect the limits of Scottish incapacity law; the role is not ownership of the granter’s money.

3. Use a Scottish deed and arrange the capacity certificate

The document must use the Scottish process and contain required information. A certificate of capacity confirms that the granter understands the nature and effect of making the power, is not acting under undue pressure, and can make the decision. The certificate is completed after an interview by an authorised person, such as a solicitor qualified to practise in Scotland, a member of the Faculty of Advocates, or a UK-registered medical practitioner. The certifier has to meet the current statutory requirements and cannot simply sign without the required discussion. Ask the drafting professional who will certify, what the appointment involves and whether any communication support is needed.

4. Register the document with the Scottish OPG

The signed deed and required forms must be submitted to the Office of the Public Guardian (Scotland) for registration before the power can be used. The OPG offers EPOAR, its electronic power-of-attorney registration service, as well as postal routes. The online service lets a submitter enter information, upload the document and follow the steps for payment and registration. Read the current OPG instructions carefully: an incomplete or incorrectly certified deed may be rejected, and a rejected submission can mean correcting it and starting again. Keep the original secure and ensure the submitter can access the application email.

5. Budget for the current fee and allow for a changing queue

The OPG’s fee page, checked on 4 October 2026, lists a £99 fee to submit a power of attorney document for registration. The fee may be waived in qualifying circumstances, but the OPG says exemption applications must be posted rather than submitted through EPOAR. The standard processing time is not a fixed promise: the OPG says it is taking longer than it would like and publishes a weekly update on current processing times. Check that page when you submit and again if timing matters. In urgent qualifying situations, an expedited route is available without an extra charge; the OPG page currently says the wait for an expedite is around 10 working days, but this can change. Do not rely on a power becoming usable until registration is confirmed.

6. Understand how an English or Welsh LPA is treated

An LPA created in England and Wales is not a Scottish power of attorney form and cannot be newly made under Scottish law. The law has cross-border rules for recognising some foreign continuing powers, but recognition and practical use are not automatic assumptions. A bank, health body, property transaction or Scottish institution may need to consider the document’s legal effect and evidence. Before moving across the border or relying on an existing LPA in Scotland, ask a Scottish solicitor and the organisation that will receive it what proof, translation or registration is needed.

7. Plan what happens if no power exists

If a person loses capacity without a registered power, relatives do not automatically gain authority to manage finances or make welfare decisions. In Scotland, an interested person may apply to the sheriff court for a guardianship order or, for a defined matter, an intervention order. The court considers the circumstances and may require professional reports. This is a different, more formal route and can take time, so seek advice early if no power exists and decisions cannot wait. See the related guide about what happens when there is no power of attorney, and the guide to lasting powers of attorney for England and Wales.

Common questions