Power of Attorney - Scotland

[Towelsjeansandmirrors]

Looking for experiences of registering POA in Scotland. My parent has been in the process of sorting theirs and my brother and I signed paper work a while back. Parent claims it’s come back now (from the office of the public guardian I presume) but my brother and I haven’t had anything. Should we have been given a copy. Checking as parent has been exhibiting some worrying behaviour recently so it would be reassuring to know it is definitely in place/what should actually happen. Not sure how we can use it if we need to if we don’t have a copy?

No in Scotland you get nothing. My kids have poa for me and I'm poa for a couple of cousins. You get nothing. You can ask the lawyer for a copy of the poa to use when you need to.
The English system is much better. I'm poa for my dad and have an online account which has a copy of it. I even changed my name and the online version has my new name though the paper copy can't be altered. In England you generate a code which the organisation uses and you often don't need to send certified copies.

Gosh that is a bit annoying. So you just have to take the persons word for it that it’s all sorted?

You will need a copy if you want to get anything in place. It’s useful to get it set up on main current account at least prior to being needed, so if your DM does need additional support like shopping done or a cleaner paid for it can be done from her account not yours.

If you know which solicitor she has used - if she used one - you can request a copy from them.

My 2 adult children have POA for me since 7 years ago (Scotland). They both definitely have copies but now you’ve asked the question I think I copied the documents and passed them on to them. Maybe you could contact the OPG and ask them to confirm the POA is registered with them. They might even provide you with a copy once you’ve confirmed your ID as the named person on the document. The main thing is to confirm it’s registered with the OPG.

Here is the info you need. Check with the OPG Scotland, or ask your mum to ring her solicitor whist you are present, on speakerphone. Or you could gently ask your mum where the paperwork might be. Presumably she did her will at the same time.

I also suggest you ask your Mum to go through where her paperwork is stored and ask if you could go through it with with her. At some time in the future you will need to be able to find important documents so now is a good time to start. Do you have siblings? Does she have a spouse?
https://www.mygov.scot/power-of-attorney/set-up-power-of-attorney

https://www.publicguardian-scotland.gov.uk/general/contact-us
Apologies forgot the OPG link

You get an official certified copy of the PoA back.

The one I use is bound and has an embossed stamp imprinted on it. It was registered in around 2015/6. This might have change as the OPG copy I received two years ago looks like a poor laser print.

I’d call the OPG to confirm it’s registered.

It is normal for attorneys not to receive any communication unless specifically requested by the client.

Your parent should have been given a copy once the document was registered. As a granter of the power of attorney they can certify it themselves as long as they are still able to sign their name? They sign it on each page and complete the details on the back. There is some text at the bottom of each page regarding certifying it as a true copy.

If your parent cannot find their copy or If you have reached the point that your parent cannot sign their name or understand that they are certifying the POA for your use then you need to contact the solicitor.

It's a crappy system that the Scottish solicitors are just as frustrated with by the way.

Yes, they used to look like this but now a registered deed is electronic only. So all you get in physical form is a print out as you saw. This is then either certified by a solicitor or the person that put the poa in place (granter).

DH and I are POA for our respective parents. Neither of us received a copy directly but were given / made copies of the original.