Dementia Power of Attorney Scotland: Capacity Assessments, GP Fees, and Schedule 1 Certificates

A dementia diagnosis does not automatically bar someone from granting a power of attorney in Scotland. Capacity under the Adults with Incapacity (Scotland) Act 2000 is assessed on a decision-specific basis — the question is not whether someone has dementia, but whether they understand the specific document they are signing at the time they sign it.

This distinction matters enormously for families. Many assume that once a GP uses the word "dementia," the window for POA has closed. In many cases, it has not.

How Capacity Is Assessed for a Scottish POA

Before a POA can be signed, a prescribed person — a practising Scottish solicitor, advocate, or registered UK doctor — must conduct a capacity interview and sign a Schedule 1 Certificate of Capacity.

The interview assesses whether the granter:

• Understands the nature of a power of attorney and the powers being granted
• Understands who they are appointing as attorney and why
• Is making the decision freely, without undue influence or coercion

A person with early-stage or moderate dementia may still have lucid periods during which they clearly understand these concepts. The certifier assesses capacity at the moment of the interview, not as a general medical verdict.

Can a GP Refuse to Sign?

Yes — and many do. GPs in Scotland are not contractually obliged under their NHS contract to conduct private capacity assessments or sign Schedule 1 certificates. This is a private service outside the scope of NHS work.

When GPs do agree, they typically charge £150 to £250 as a private fee. The assessment focuses on the granter's understanding of the document and the absence of undue influence.

If the family GP refuses, the alternatives are:

• Instruct a solicitor who conducts their own capacity interviews (most private client solicitors do, and the fee is included in their drafting charge)
• Book a private consultant psychiatrist, who typically charges £250 to £350

The practical advice: if you are using a solicitor to draft the POA, ask them to conduct the capacity interview as well. This avoids the separate GP fee entirely and keeps the process under one roof.

When Is It Actually Too Late?

A POA cannot be signed if the granter lacks capacity at the time of the interview — meaning they cannot demonstrate understanding of what they are signing, even with support and explanation.

At that point, the POA route is closed. The alternatives include an Access to Funds application for routine finances, an Intervention Order for a specific decision, or a Guardianship Order for ongoing management under the Adults with Incapacity (Scotland) Act 2000. A guardianship application typically takes 3–6 months, costs £5,000–£7,000 in legal fees and reports, requires two independent medical reports, and may require an ongoing Bond of Caution (an annual insurance premium of £270–£750 or more).

The financial and emotional cost of a guardianship application is the strongest argument for setting up a POA early — ideally well before any diagnosis.

The Schedule 1 Certificate

The Schedule 1 Certificate of Capacity is a statutory document that must accompany every Scottish POA application. It confirms:

• The certifier's professional qualification
• That the interview took place
• That the granter appeared to understand the document
• That the granter was not acting under undue influence

Critical details that trip up applications:

• The certificate must be signed on the same date the granter signs the deed
• The names on the certificate must exactly match the names on the deed (including middle names)
• The certifier must be a prescribed person — trainee solicitors are not eligible

A mismatch on any of these points triggers automatic rejection by the OPG Scotland.

Acting Quickly After a Diagnosis

For families who have just received a dementia diagnosis, the priority is booking the capacity interview while the granter still has clear periods. Dementia is progressive — the window of capacity narrows over time, and the OPG's standard registration queue currently runs over 12 months. An expedited registration (10 working days) is available for genuine urgency cases, but the application must still pass the same scrutiny.

Our Scotland Power of Attorney guide includes a capacity interview preparation checklist and detailed guidance on the Schedule 1 certificate process.

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