Can I Revoke or Cancel a Power of Attorney in Scotland?

In Scotland, a Power of Attorney (PoA) is a legal document that allows an individual (known as the “grantor”) to appoint another person (the “attorney”) to make decisions on their behalf. This authority can cover financial, property, or personal welfare matters. However, circumstances in life can change, and the grantor may decide they want to revoke or cancel this authority. The process for doing so is straightforward but must be executed correctly to ensure it is legally valid.

Revoking a Power of Attorney

To revoke a PoA in Scotland, you – the grantor – must have the mental capacity to make this decision. If the grantor lacks capacity, the PoA cannot be revoked, and the attorney will continue to act as per the original document.

If the grantor is mentally capable, the following steps need to be taken:

The revocation must be in writing, clearly stating the grantor’s intention to revoke the PoA, and signed by the grantor.

The attorney must be informed in writing about the revocation to prevent any further actions on behalf of the grantor.

Any institutions or individuals who have been dealing with the attorney under the PoA must be notified. This includes banks, doctors, and care providers.

If the PoA was registered with the Office of the Public Guardian (OPG) in Scotland, the revocation must also be registered there.

Informing the Office of the Public Guardian

To revoke or partially revoke a PoA, you will need to provide the OPG with a revocation notice, clearly stating your intentions and which parts of the PoA are to be revoked. This notice can be typed or handwritten but must be signed and dated by you.

You will need to send a revocation certificate (Schedule 2) with the notice, completed by a qualified professional such as a solicitor, a practicing member of the Faculty of Advocates, or a UK-registered and licensed medical practitioner. This professional must interview you/the grantor to ensure you understand what you are doing by revoking the PoA document or any part of it. Where a substitute attorney is taking the place of a sole or joint attorney, they will need to confirm to the OPG in writing that they are willing to act, over the age of 16 years and not declared bankrupt.

The revocation document, along with a fee, should be sent to the OPG to ensure it is officially recorded. For partial revocations, the fee is currently £27 (it increases every year) for a new certificate and copy of the PoA certificate. If there are over 10 pages in the document, an additional 50p per page applies. Where a full revocation of your Power of Attorney is being submitted, the OPG has no charge for this. It is also worth noting a Solicitor can prepare the revocation documentation for you and there would be a fee for this.

Additional scenarios for revocation

Cancelling specific powers: If you wish to cancel specific powers granted in the PoA, you must notify the OPG clearly stating which powers are to be revoked. This is only possible if the grantor is capable of understanding and making this decision.

Removing an Attorney: If you want to remove an attorney but retain others (in cases of joint or substitute attorneys), this must also be communicated to the OPG, and the grantor must be capable of understanding this decision.

Revoking or cancelling a Power of Attorney in Scotland is a legally recognised process that allows grantors to maintain control over who makes decisions on their behalf. By following the correct steps grantors can effectively cancel a PoA, but it’s important to seek legal assistance to ensure the process is smooth and uncontested and protects your interests and intentions.