Power of Attorney Abuse Scotland: How to Report It and What the OPG Can Do

An attorney acting under a Scottish power of attorney has broad authority over someone's finances, healthcare, or both. When that authority is misused — money diverted, assets sold without justification, care decisions made against the adult's interests — families often do not know where to turn or what legal options exist.

Scotland has a specific enforcement framework for POA abuse, centred on the OPG Scotland in Falkirk and the Sheriff Court.

What Counts as Abuse

Attorney abuse under the Adults with Incapacity (Scotland) Act 2000 includes:

Financial abuse. An attorney transfers the granter's money to themselves, makes gifts without authorisation in the deed, fails to segregate the granter's funds from their own, or sells property at an undervalue. The statutory duty is clear: attorneys must never mix the granter's money with their own, and every transaction must be in the granter's interest.

Neglect of duties. An attorney fails to pay the granter's bills, does not maintain their property, or ignores correspondence from banks, care providers, or government agencies.

Welfare abuse. A welfare attorney makes care decisions that do not reflect the granter's known wishes, refuses medical treatment the granter would have wanted, or isolates the granter from family and support networks.

Breach of the five principles. Every decision an attorney makes must follow the five statutory principles of the 2000 Act: benefit, least-restrictive option, consideration of the adult's wishes, consultation with relevant parties, and encouraging the adult's own skill use. Consistently ignoring these principles is itself a form of abuse.

How to Report

To the OPG Scotland

The OPG Scotland has statutory powers to investigate concerns about financial attorneys and financial guardians. Anyone can make a complaint — family members, neighbours, bank staff, care workers, or professionals.

Contact the OPG Scotland in Falkirk to report concerns. You can report by phone, email, or letter. The OPG can:

• Demand that the attorney produce financial records, bank statements, receipts, and invoices
• Audit the attorney's management of the granter's finances
• Refer suspected criminal activity to Police Scotland
• Apply to the Sheriff Court for the attorney's removal

The OPG's investigative powers cover financial matters. Welfare concerns are handled by the local authority social work department.

To the Local Authority

If the concern is about welfare decisions — medical care, living conditions, isolation, or personal care — contact the adult protection team at the granter's local council. Local authorities have responsibilities under the Adult Support and Protection (Scotland) Act 2007 to investigate concerns about adults at risk.

To the Police

If there is evidence of theft, fraud, or other financial crime, report it directly to Police Scotland.

What the Sheriff Court Can Do

If the OPG's investigation confirms abuse, or if a concerned party applies directly, the Sheriff Court can:

• Remove the attorney from their appointment
• Revoke some or all of the powers granted under the POA
• Give directions about how the attorney exercises their powers

A guardianship or intervention order may be needed to appoint someone else if no substitute attorney was named in the original deed.

Prevention

The most effective protection against POA abuse is built into the deed itself:

• Name more than one attorney and require them to act jointly for major decisions (property sales, large withdrawals)
• Name a substitute attorney who automatically steps in if the primary attorney is removed
• Keep the deed specific about which gifts and donations are permitted — broad gifting powers are the most commonly exploited clause
• Ensure someone outside the attorney relationship (a sibling, a trusted friend, a solicitor) has access to the registered POA and knows who to contact at the OPG if concerns arise

Our Scotland Power of Attorney guide includes an attorney duties checklist and guidance on structuring POA deeds to reduce the risk of abuse.

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