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OPG tightens up on powers of attorney scrutiny

23 March 2017

A "more robust" approach is to be taken, with immediate effect, regarding the completion of the power of attorney schedule 1 certificate, the Office of the Public Guardian has announced. Deeds will be returned for correction, prior to registration, of "what may seem like minor typographical errors or inconsistencies in granter and attorney names".

OPG says the stricter policy reflects feedback received from customers whereby external organisations and fundholders have proved reluctant to deal with the registered power of attorney because of such errors and omissions.

A similar practice will apply where section 3 of the form is incomplete or the wrong box is ticked. Incomplete signatory details, including the date of certification will also be a cause to return the documentation. 

Trainee bar

Any powers of attorney subscribed by the granter on or after 3 April 2017 will be rejected if the signatory of the schedule 1 certificate is a trainee solicitor. This is in line with guidance to solicitors from the Law Society of Scotland that a trainee should not sign the prescribed certificate under ss 15, 16 and 16A of the Adults with Incapacity (Scotland) Act 2000. 

Powers of attorney already registered or subscribed and awaiting registration prior to the above date will not have to be reworked

Guardianship remuneration 

Remuneration paid to financial guardians from the adult’s estate to compensate for their actings as guardian is to rise following a review. 

The current payment rates will increase on 3 April 2017. The rates will be published in due course on the OPG website and via OPG twitter feed.

Remuneration is calculated by OPG on the approval of accounts.


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