Registering a Power of Attorney
You must register your Power of attorney with the Office of the Public Guardian in Scotland before it can be used. It can be registered by post or online.
When you make your Power of Attorney with POA Scotland you will receive all of the forms you need to register your Power of Attorney either by post or online. We also send you detailed instructions on how to sign and register your Power of Attorney.
How to Register a Power of Attorney
Frequently Asked Questions
How much does it cost to register a Power of Attorney ?
It costs £81 to register a Power of Attorney in Scotland. This fee is paid to the Office of the Public Guardian in Scotland.
You must send the payment to the Office of the Public Guardian when you send your Power of Attorney for registration. This can be paid by post or online depending on how you register your Power of Attorney.
Do I have to pay the registration fee ?
If you are in receipt of certain benefits you may not have to pay the registration fee. You can check if you qualify here.
We send the form to apply for an exemption along with your Power of Attorney when you use POA Scotland. Meantime, you can find out more about the exemption from the Office of the Public Guardian.
How long will it take to register a Power of Attorney ?
The Office of the Public Guardian aim to register your Power of Attorney within 30 working days of receipt. However, they register around 40,000 Powers of Attorney each year, so it can take longer.
If you need your Power of Attorney to be registered urgently, you should contact The Office of the Public Guardian.
What do I need to register a Power of Attorney ?
To register your Power of Attorney you must send the following documents to the Office of the Public Guardian:
♦ Power of Attorney signed by you
♦ Certificate of Capacity signed by a lawyer or doctor
♦ registration forms signed by your attorneys
♦ fee of £81 payable to the Office of the Public Guardian
How do I sign the Power of Attorney ?
When you make your Power of Attorney we will send you detailed instructions on how to sign.
You must meet with a solicitor, advocate (Scottish barrister) or a doctor to sign your Power of Attorney. This is because they must sign a Certificate of Capacity to confirm you understand the Power of Attorney and its consequences. That’s one of the protections of the law in Scotland.
Therefore, make sure you read your Power of Attorney in detail before your appointment to sign.
What is a Certificate of Capacity ?
A Certificate of Capacity is a protection of the law in Scotland. As a Power of Attorney is a very powerful document, the law says that a lawyer or doctor must confirm you understand what it is.
We send this Certificate of Capacity to you along with your Power of Attorney. The solicitor, advocate or doctor must sign it immediately after you have signed your Power of Attorney.
The solicitor, advocate or doctor who signs the Certificate of Capacity may charge a fee. So ask in advance what that will be.
Why do my attorneys have to sign forms ?
Before the the Office Public Guardian can register your Power of Attorney, they must be sure you meet the criteria for registration They must also be sure that your attorneys are not disqualified, agree to act on your behalf and understand their duties.
Therefore your attorneys must sign a declaration that they are not currently bankrupt and they agree to follow the law before your Power of Attorney can be registered.
There are different forms depending on whether you register your Power of Attorney online or by post. Don’t worry though, we will complete and send you all of the forms you need for both online and postal registration.
How will I know when my Power of Attorney is registered ?
When your Power of Attorney is registered, the Office of the Public Guardian will return it to you. This will be by post or email depending on how you have sent it to be registered.
It can take some time to register your Power of Attorney. Contact the Office of the Public Guardian if you want to make sure it has been received.
When you receive your registered Power of Attorney your should put it in a safe place and let your attorneys know where it is.