This is a very helpful announcement from OPG Scotland.

“We are aware that difficulties have been encountered when trying to use a non-Scottish Power of Attorney (PoA) in Scotland, as Organisations have not accepted the authority given in a non-Scottish PoA.

The Adults with Incapacity (Scotland) Act 2000 suggests a non-Scottish PoA is automatically valid in Scotland. Consequently there is no arrangement under the law for having it formally endorsed.

In recognition of the difficulties experienced and to offer support we have devised a Certificate which can be printed and presented along with the PoA to an Organisation. This may assist in getting a non-Scottish PoA accepted in Scotland. If you need more information generally or about how best you might proceed in a given case please contact e-mail opg@scotcourts.gov.uk“

More on this can be found here.

The latest update from the Office of the Public Guardian (Scotland) on the current Powers of Attorney position can be found here.

The update includes the following:

“We are delighted that uptake of the electronic process for submitting powers of attorney is becoming increasingly popular. This system is easy to use and allows PoAs to be registered within a matter of days.  We would urge you, if you have not used the electronic format, to please give this active consideration. “

“The Scottish Government has produced guidance to help support the involvement of GPs in adult protection.

This guidance is designed to ensure that GPs are part of local multi-agency arrangements for adult protection and thereby enabled to fulfil their statutory responsibilities under the Adult Support and Protection (Scotland) Act 2007.”

The guidance can be found on the OPG Scotland website which can be found here.

“Applicants applying under the access to funds scheme are reminded that applications in which an incapable adult’s income consists solely of Department of Work and Pensions (DWP) benefits, is likely to be returned.

This is because the least restrictive option, as per of the Adults with Incapacity (Scotland) Act 2000 is to manage an incapable adult’s funds through DWP appointeeship. Sections 1(2) and 1(3) of the the Act provide further guidance to support this.

However, in those circumstances where there is income over and above DWP benefits, such as the individual being in receipt of:

• a private pension,
• savings above the lower capital limit, or
• a lump sum required to pay accrued expenses or debts,

an access to funds application can be completed, if required. This applies to all applicants wishing to make an application to access the adults funds.”

More on this can be found here.”

“Substitute Attorneys

We have now received the further, clarifying advice referred to in recent communications in regard to the position of substitute attorneys. The result of that advice is such that the Office of the Public Guardian has retracted the original policy decision which required evidence of a substitute attorney’s preparedness to act at the point of initial registration.

In summary, the status quo remains in that only principal attorneys have to confirm their preparedness to act at the point of initial registration. As is now, where there is a substitute attorney, OPG will seek such confirmation only where the principal attorney fails.

We sincerely apologise for any inconvenience that this may cause you.”

More on this can be found here.