Power of Attorney Scotland Cost
The Mandatory Cost: OPG Registration Fee
Every Power of Attorney in Scotland must be registered with the Office of the Public Guardian (OPG) before it has any legal effect. The registration fee is £99 as of April 2026, whether you submit electronically through EPOAR or by post. This fee covers a Combined Continuing and Welfare Power of Attorney in a single deed — you do not pay twice for including both financial and welfare powers.
A fee exemption exists if the granter receives qualifying benefits. Universal Credit, Income-based JSA, Personal Independence Payment (PIP), or Adult Disability Payment (ADP) can qualify, subject to income thresholds: gross annual income must be £26,437 or less for PIP/ADP recipients, or £20,592 or less for Working Tax Credit recipients. The exemption form and supporting DWP/HMRC evidence must be submitted at the time of registration — no retrospective claims are accepted. Exemption applications must go by post, not through the EPOAR portal.
Solicitor Fees: The Variable Cost
If you instruct a Scottish solicitor to draft your Combined Power of Attorney deed, conduct the Schedule 1 capacity interview, and handle the OPG registration, expect to pay between £400 and £800 plus VAT for the complete service. Some high-street firms in Edinburgh and Glasgow charge up to £1,200 for complex estates or where multiple attorneys are named.
That fee typically includes:
- Initial consultation and drafting the deed
- The Schedule 1 Certificate of Capacity interview
- Submitting the registration to OPG Scotland
- Providing certified copies of the registered deed
Solicitor fees are not regulated — they vary significantly by firm, location, and complexity. Rural practices and legal aid firms tend to charge less than city-centre private client specialists.
The DIY Route: How Much Can You Save?
If you draft the deed yourself and have a GP complete the Schedule 1 certificate, your total cost can drop to just the £99 registration fee plus whatever the GP charges for the capacity assessment. Some Scottish GP practices include the assessment within a standard consultation at no extra charge. Others treat it as a private medical service and charge £75–£200.
The trade-off is real, though. Roughly 20% of all PoA submissions — both DIY and solicitor-drafted — fail OPG registration on the first attempt due to errors in signing order, date alignment, or conflicting attorney instructions. With the OPG backlog running at over 13 months, a rejected application means going back to the end of the queue.
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The Cost of Not Having a Power of Attorney
The comparison that matters is not solicitor versus DIY. It is the cost of a Power of Attorney against the cost of a Guardianship Order — which is what your family faces if your parent loses capacity before any PoA is registered.
| Power of Attorney | Guardianship Order | |
|---|---|---|
| OPG/court fee | £99 | £110 (OPG) + £176 (court) |
| Legal fees | £0–£800 | £2,000–£5,500+ VAT |
| Medical reports | Schedule 1 (often free via GP) | Two reports: GP (£150–£250) + psychiatrist (£200–£350) |
| Mental Health Officer | Not required | Required (no charge from council) |
| Bond of Caution | Not required | ~£400–£750/year for financial powers |
| Timeline | Days (once registered) | 3–6 months |
| Ongoing obligations | None | Annual accounts, OPG supervision |
A Combined PoA costs a few hundred pounds and takes a few weeks of paperwork. A guardianship costs several thousand, takes months, and imposes ongoing annual compliance costs while the order remains in force.
Breaking Down a Typical Total
For most families choosing the solicitor-assisted route:
- Solicitor (drafting + Schedule 1 + submission): £500–£700
- OPG registration fee: £99
- Total: £600–£800
For families on the DIY route with a cooperative GP:
- GP capacity assessment: £0–£200
- OPG registration fee: £99
- Total: £99–£299
Our Scotland Power of Attorney & Guardianship Kit is built for the DIY route — step-by-step instructions, pre-formatted templates, and an OPG submission checklist that catches the errors responsible for most first-attempt rejections.
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