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Power of Attorney Guide
How Do I Set Up a Power of Attorney in Scotland?
Continuing and welfare powers of attorney, the solicitor or doctor certificate, registering with the Office of the Public Guardian (Scotland), guardianship and concerns about an attorney.
Last reviewed: 25 September 2026Sources: listed at the end, each checked on the date shownScotland
Who this guide is for
People in Scotland who want to set up a power of attorney, attorneys, and people worried about an adult who can no longer make their own decisions.
Wills, inheritance and what happens when someone dies: this guide does not cover them. Ask a solicitor or Citizens Advice Scotland.
How to apply for a guardianship or intervention order, the court process and its costs: this guide names the route only. Ask a solicitor or the Office of the Public Guardian (Scotland).
The Office of the Public Guardian (Scotland) registration fee, fee exemptions and how long registration takes: ask the Office of the Public Guardian (Scotland).
Care needs assessments and paying for care: see our social care guide.
At a glance
In Scotland a continuing power of attorney covers money and property, and a welfare power of attorney covers welfare decisions.
You can only set one up while you still have the capacity to understand what you are doing.
The document needs a certificate from a solicitor or a medical practitioner, who must interview you first.
A power of attorney that is to continue or begin if you lose capacity has no effect until the Office of the Public Guardian (Scotland) registers it.
Without a power of attorney, nobody has an automatic right to decide for you: someone may have to go to court for a guardianship or intervention order.
What the rules depend on
Where does the person live? Scotland: this guide. England, Wales and Northern Ireland have their own guides.
Can the person still understand what granting a power of attorney means? Yes: they can set one up now. No: it is too late, and someone may need a guardianship or intervention order.
Which decisions? Money and property: a continuing power of attorney. Welfare, such as care and where the person lives: a welfare power of attorney.
Is a power of attorney already registered? Yes: the attorney acts under it, within the powers it gives. No: see "If there is no power of attorney".
The two types
Continuing power of attorney: covers your financial and property affairs. It can be used as soon as it is registered and carries on if you lose capacity. You can choose for it to start only if you become unable to make decisions, and set out how your incapacity is to be assessed.
Welfare power of attorney: lets the person you appoint make welfare decisions for you. A welfare attorney cannot use these powers until you have lost the capacity to make those decisions yourself.
Setting one up
You can draw up the document yourself, but most people use a solicitor. If you do it yourself, follow the code of practice for continuing and welfare attorneys so the document gives the powers your attorneys may need.
A solicitor or a medical practitioner must interview you before you sign and certify the document. This is to make sure you know what you are doing and are not under undue influence.
An attorney must be over 16 and must sign to confirm they are willing to act.
Someone who is bankrupt (their estate has been sequestrated or a protected trust deed has been granted) cannot be a continuing attorney. Bankruptcy does not affect a welfare appointment.
Legal aid (advice and assistance) may help with a solicitor's costs if you qualify: the Scottish Legal Aid Board has the details.
Registering
Send the power of attorney document, the certificate, a registration form signed by the attorneys and the registration fee to the Office of the Public Guardian (Scotland).
The Office of the Public Guardian (Scotland) charges a registration fee. Some people are exempt: check the current fee with them.
If there is no power of attorney
Nobody, including a husband, wife or next of kin, has an automatic right to make decisions for an adult who can no longer make them.
Someone might have to go to court for a guardianship order or an intervention order before they can act for the adult.
Worried about an attorney
The Office of the Public Guardian (Scotland) investigates concerns where the money or property of an adult with incapacity (aged 16 or over) seems to be at risk, including how someone with powers over their finances is using them.
It does not investigate welfare concerns, concerns about an adult who still has capacity, or disputes between joint attorneys, and it cannot recover money already lost, so report concerns early.
It does not tell the person complained about who raised the concern.
If the adult's personal welfare is at risk, contact the social work department of the council where the adult lives, or the Mental Welfare Commission for Scotland.
Deadlines
This guide gives no deadlines. For how long registration takes, ask the Office of the Public Guardian (Scotland).
Where to go for help
Office of the Public Guardian (Scotland): 01324 678 300 (Monday to Friday, 9am to 5pm), opg@scotcourts.gov.uk. General advice on powers of attorney, registration and concerns about money.
Mental Welfare Commission for Scotland: 0131 313 8777, for concerns about an adult's welfare.
Age Scotland helpline: 0800 12 44 222, for advice on power of attorney.
Citizens Advice Scotland: 0800 028 1456
Traps
Lasting power of attorney and deputy are England and Wales terms. In Scotland you grant a continuing or welfare power of attorney, and the court route is guardianship.
A welfare power of attorney cannot be used while the adult can still make the decision themselves.
An unregistered power of attorney that is meant to work if you lose capacity cannot take effect.
Waiting until capacity is lost means the power of attorney route is closed.
Sources (checked 25 September 2026)
mygov.scot: Setting up power of attorney - Overview, Setting up a power of attorney, Further information (continuing and welfare types; certificate by a solicitor or medical practitioner after an interview; no effect until registered; code of practice; legal advice and assistance; registration fee, exemptions; no automatic right; guardianship or intervention order; OPG (Scotland) 01324 678 300; Age Scotland 0800 12 44 222); updated 25 Feb 2026, read 25 Sep 2026.
Office of the Public Guardian (Scotland): power of attorney registration form (attorney over 16 and willing to act; bankruptcy bars a continuing attorney, not a welfare one) and A guide to investigations / Investigations FAQs (Adults with Incapacity (Scotland) Act 2000; adult aged 16 or over; what it can and cannot investigate; identity of the complainer not disclosed; welfare concerns to the local authority or the Mental Welfare Commission 0131 313 8777); read 25 Sep 2026.
GOV.UK: Deputies: make decisions for someone who lacks capacity (in Scotland you cannot apply to be a deputy; set up a guardianship instead); read 25 Sep 2026.
Citizens Advice Scotland helpline 0800 028 1456.
Important disclaimer: This guide covers powers of attorney in Scotland as at 25 September 2026. General legal information only, not legal advice. ukworkrights.co.uk, Not a law firm.