Revoke Power of Attorney Scotland

When a Power of Attorney Can Be Revoked

A Power of Attorney in Scotland can be revoked at any time — but only by the granter, and only while they retain mental capacity. Once the granter loses the ability to understand what revoking the PoA means, the deed stands. The only way to remove an attorney after that point is through a Sheriff Court application, not a simple revocation.

This means the window for revocation mirrors the window for granting: it exists only while the granter is mentally capable.

The Schedule 2 Revocation Process

Revoking a registered Power of Attorney in Scotland follows a formal statutory procedure under the Adults with Incapacity (Scotland) Act 2000. A verbal statement alone is not enough — the OPG Scotland requires a signed and dated revocation notice together with a Schedule 2 revocation certificate.

The process has four steps:

1. Prepare the revocation notice. The notice should identify the original Power of Attorney being revoked and state whether the revocation is total (all powers revoked) or partial (specific powers or specific attorneys only). It must be signed and dated by the granter.

2. Obtain a Schedule 2 certificate. Just as granting a PoA requires a Schedule 1 Certificate of Capacity, revoking one requires a Schedule 2 certificate. The same categories of professional can sign it: a practising Scottish solicitor, a member of the Faculty of Advocates, or a licensed UK medical practitioner. The certifier must interview the granter privately and confirm they understand what they are doing, they are acting voluntarily, and they have the mental capacity to make this decision.

3. Tell the OPG. Send the signed, dated revocation notice and Schedule 2 certificate to OPG Scotland. The OPG updates its records once it has the required information.

4. Complete any replacement appointment. If a substitute attorney is taking the place of a sole or joint attorney, the substitute must confirm to the OPG in writing that they are willing to act, are over 16, and (for a continuing appointment) are not bankrupt.

Partial Revocation

A granter does not have to revoke the entire Power of Attorney. They can:

• Remove one attorney while keeping a joint or substitute attorney in place
• Revoke the continuing (financial) powers while keeping the welfare powers, or vice versa
• Narrow the scope of specific powers without cancelling the whole deed

Partial revocation still requires the full Schedule 2 process — a signed revocation notice, the certificate, and OPG registration.

What Triggers a Revocation

Common reasons families encounter this process:

Loss of trust. The granter discovers the attorney has been managing their finances improperly, or a family dispute leads the granter to lose confidence in the appointed person.

Changed circumstances. The original attorney has moved abroad, become seriously ill, or is no longer willing to serve. If a substitute attorney was named in the deed, they may take the place of the original attorney once they confirm to the OPG in writing that they are willing to act, are over 16, and (for a continuing appointment) are not bankrupt. If not, the granter may want to revoke and appoint someone new.

Relationship breakdown. A spouse or partner was named as attorney, and the relationship has ended. A divorce does not automatically revoke a PoA in Scotland — the granter must take active steps to revoke and reappoint.

When Revocation Is Not an Option

If the granter has lost capacity, they cannot revoke the Power of Attorney. In that case, any interested party — a family member, the local authority, a care provider — can apply to the Sheriff Court or report concerns to the OPG Scotland. The court has the power to restrict or remove an attorney who is not acting for the adult's benefit; where ongoing authority is needed, the family may need to pursue a guardianship or another appropriate court route.

The OPG can also investigate financial concerns of its own accord. If a complaint is received about financial mismanagement, the OPG can require the attorney to produce records and accounts. Welfare concerns should also be raised with the local authority or the Mental Welfare Commission for Scotland.

After Revocation

Once a revocation is registered with the OPG, the former attorney has no legal authority to act. Any bank, care home, or institution that has been working with the attorney on the basis of the registered PoA must be notified that it is no longer valid. The granter should provide copies of the registered revocation to every organisation that holds a copy of the original deed.

If the granter wants someone else to act on their behalf, they need to execute a new Power of Attorney — a fresh deed with a new Schedule 1 certificate and a new OPG registration (£99 fee, subject to the current backlog).

Our Scotland Power of Attorney & Guardianship Kit includes templates for both the original Combined PoA and the revocation process, so families have the complete lifecycle covered — from granting through to revoking and reappointing if circumstances change.

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