How to Set Up Power of Attorney in Scotland: Registration, EPOAR, and OPG Process

An unregistered power of attorney in Scotland has no legal force. Unlike some jurisdictions where a signed document carries immediate authority, Scottish law requires every POA to be registered with the Office of the Public Guardian (OPG) in Falkirk before an attorney can act. The registration process has specific formatting requirements that trip up a significant number of applications.

Here is the process from start to finish.

Step 1: Draft the POA Deed

The granter (the person creating the POA) must decide which powers to include. Most people in Scotland execute a Combined POA covering both financial (continuing) and welfare powers in a single deed.

The deed must specify:

• Which financial powers are granted (bank accounts, property, investments, pensions)
• Which welfare powers are granted (healthcare decisions, care home placement, daily routine)
• Whether financial powers take effect immediately upon registration or only when the granter loses capacity (a "springing clause")
• How incapacity is to be determined if a springing clause is used
• The names and addresses of all appointed attorneys

While a solicitor is not legally required to draft the deed, instructing one significantly reduces the risk of OPG rejection.

Step 2: Book the Capacity Interview

Before the deed can be signed, a "prescribed person" must interview the granter and confirm they understand the nature and extent of the powers being granted. The prescribed person must be one of:

• A practising solicitor registered in Scotland
• A practising member of the Faculty of Advocates
• A registered UK medical doctor with a current licence to practise

The interviewer signs a Schedule 1 Certificate of Capacity confirming the granter has capacity and is free from undue influence. Trainee solicitors cannot sign this certificate.

Step 3: Execute the Deed

The signing appointment must follow a strict sequence. The capacity interview happens first, immediately followed by the granter signing the deed. The granter, the certifier, and an independent witness all sign on the same day. Their signature dates must match exactly — if the Schedule 1 certificate shows a different date from the deed, OPG will reject the application.

The witness must be at least 18 years old, must not be a named attorney or substitute attorney, and must not be the spouse or civil partner of any named attorney.

All signatures must be wet ink on paper. Digital signatures are not accepted.

Step 4: Submit to OPG Scotland

There are two submission routes:

EPOAR (Electronic Power of Attorney Registration)

The EPOAR portal is the faster option. The process:

1. Scan the signed deed and Schedule 1 certificate as a single PDF (maximum file size 2MB)
2. Create an EPOAR account on the OPG Scotland website
3. Enter all party details — names must match the deed exactly
4. Upload the PDF
5. Pay the £99 registration fee by card

The PDF must leave header and footer margins of at least 3.5cm clear so the OPG can overlay its registration stamp. Do not add manual page numbers.

Postal Submission

Mail the original signed deed, the Schedule 1 certificate, a completed paper registration form, and a cheque or postal order for £99 to OPG Scotland in Falkirk. Postal submissions generally take longer to process than electronic ones.

Step 5: Wait for Registration

Standard processing currently takes over 12 months due to a backlog driven by over 100,000 annual applications. If you need faster registration, you can submit a separate expedited application — but this only applies to genuine urgency cases such as imminent hospital discharge, active financial risk, or care home transition. The expedited process takes approximately 10 working days.

The registration fee must be paid via EPOAR before an expedite request can be submitted.

Step 6: Receive the Certificate

Once the OPG approves the application, the registered POA is available as a digital download through EPOAR (or returned by post with a watermark stamp). The attorney can now present the registered document to banks, care homes, and healthcare providers.

Common Reasons for OPG Rejection

The OPG no longer contacts applicants to fix minor errors. Applications are automatically rejected for:

• Name discrepancies between the deed and the Schedule 1 certificate (including missing middle names)
• Signing dates that do not match across all documents
• PDF formatting that does not leave clear margins for the registration stamp
• Missing or incorrectly completed Schedule 1 certificates

A rejection resets the entire processing queue. Our Scotland Power of Attorney guide includes a pre-submission checklist designed to catch these errors before you submit.

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