Power of Attorney in Scotland: Types, Costs and Registration for Dementia
Power of Attorney in Scotland: Types, Costs and Registration for Dementia
If your parent has been diagnosed with dementia, getting Power of Attorney in place is the single most time-sensitive legal task you face. Once your parent loses the mental capacity to understand what they are signing, the PoA window closes permanently — and you are left with the far more expensive and slower guardianship route.
Scotland's PoA system is governed by the Adults with Incapacity (Scotland) Act 2000 and works differently from the Lasting Power of Attorney used in England and Wales.
The Two Types of Power of Attorney
Continuing Power of Attorney covers financial decisions — bank accounts, property, pensions, investments, and paying bills. A continuing PoA can be set up to take effect immediately upon registration, or only when your parent loses capacity. A bankrupt individual cannot act as a continuing attorney.
Welfare Power of Attorney covers personal welfare decisions — medical treatment, where your parent lives, and what care they receive. Welfare powers can only be exercised after your parent has been certified as lacking capacity to make the specific decision in question.
Most families set up a combined Power of Attorney that covers both financial and welfare matters in a single document.
The Certificate of Capacity
Every PoA document must include a certificate of capacity signed by a practicing solicitor, registered medical practitioner, or member of the Faculty of Advocates. The certificate confirms that your parent understands the nature and extent of the powers they are granting and is not being pressured into signing.
For someone with early-stage dementia, capacity can fluctuate. A diagnosis of dementia does not automatically mean your parent lacks capacity to grant a PoA — many people retain sufficient understanding in the early stages. But this window narrows, so acting quickly matters.
Costs
Solicitor fees for preparing a combined PoA typically range from £300 to £600 or more, depending on complexity. Some solicitors offer fixed-fee packages.
The Office of the Public Guardian (OPG) Scotland charges a statutory registration fee of £99 per document. Until the PoA is registered with the OPG in Falkirk, no powers can be legally exercised.
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Registration Delays
Be prepared for a significant wait. OPG registration backlogs frequently exceed six months. During this period, you cannot act on your parent's behalf even if the PoA has been signed and witnessed.
If your parent faces a medical or financial crisis during the waiting period, you can submit a "plea for expedition" to the OPG. If approved under strict criteria, registration can be completed within about two weeks.
One important recent change: the OPG now automatically rejects and returns documents containing name or attorney spelling inconsistencies, rather than contacting the sender for clarification. Double-check every detail before submission to avoid resetting the timeline.
If Your Parent Has Already Lost Capacity
If your parent can no longer understand what a PoA involves, you cannot get one. The alternative is a Guardianship Order through the Sheriff Court — a more complex, court-led process that typically costs £1,500 to £3,000 or more and takes 6 to 12 months.
For urgent financial needs (paying care home fees, utility bills), the Access to Funds scheme under Part 3 of the Adults with Incapacity Act allows you to apply to the OPG to manage a specific bank account, without needing full guardianship. The registration fee is £110.
Our Scotland Dementia Care Guide includes a PoA preparation checklist and a step-by-step walkthrough of the OPG registration process.
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