Revoke Power of Attorney Scotland: Full and Partial Revocation Process
A registered power of attorney in Scotland can be revoked at any time — provided the granter still has capacity. The process requires a written revocation notice, a Schedule 2 revocation certificate signed by a prescribed professional, and submission to the OPG Scotland. Full revocation is free. Partial revocation (removing one attorney or specific powers while keeping the rest active) incurs a fee.
Full Revocation
A full revocation cancels the entire POA deed. Once processed by the OPG, all named attorneys lose their authority immediately.
The process:
- Draft a written revocation notice stating the granter's clear intent to revoke the registered POA. The notice should reference the registered deed and name all attorneys being removed.
- Obtain a Schedule 2 revocation certificate. A prescribed person — a practising Scottish solicitor, advocate, or registered UK doctor — must interview the granter and confirm they have capacity to make this decision. This mirrors the Schedule 1 capacity interview used when the POA was first created.
- Submit the revocation notice, the Schedule 2 certificate, and the original registered POA to the OPG Scotland in Falkirk.
- No fee. Full revocation costs nothing.
The OPG updates its register and the POA is no longer legally effective. The granter should also notify banks, care providers, and any other institutions that held a copy of the registered POA.
Partial Revocation
A partial revocation removes one or more attorneys or specific powers while keeping the rest of the deed active. This is useful when:
- A named attorney is no longer willing or able to act
- The granter wants to remove financial powers but retain welfare powers (or vice versa)
- An attorney relationship has broken down but the other appointments remain appropriate
The process follows the same steps as a full revocation — written notice, Schedule 2 certificate, and submission to the OPG — but the OPG charges a fee for partial revocations.
After a partial revocation, the modified POA remains on the register and the remaining attorneys can continue to act under their original authority.
When Revocation Is Not Possible
A granter who has lost capacity cannot revoke their POA. Only a person with the legal capacity to understand the revocation can initiate the process.
If there are concerns about an attorney abusing their powers, and the granter lacks capacity to revoke, the options are:
- Report the concern to the OPG Scotland, which has the power to investigate allegations of financial abuse by attorneys
- Apply to the Sheriff Court for removal of the attorney
- Contact the local authority social work department for welfare concerns
The OPG can investigate allegations of financial abuse, while the Sheriff Court can be involved in removing an attorney.
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Automatic Revocation Events
Certain events revoke a POA or remove an attorney by operation of law:
- Death of the granter — the POA ceases immediately
- Death of an attorney — that attorney's appointment ends (substitute attorneys, if named, step in)
- Bankruptcy of a financial attorney — disqualifies them from acting as a continuing (financial) attorney
- Divorce or dissolution between the granter and an attorney who is their spouse or civil partner — depends on the terms of the deed; many POAs include a clause automatically removing an ex-spouse
Practical Considerations
After revoking a POA, the granter should consider whether they need to execute a new one with updated attorney appointments. The gap between revoking an old POA and registering a new one means no attorney has authority — and given OPG Scotland's current over-12-month standard processing time, that gap can be significant.
Our Scotland Power of Attorney guide covers revocation procedures in detail, including template revocation notices and guidance on managing the transition to a replacement POA.
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