Putting a Power of Attorney (PoA) in place is one of the most important steps you can take to protect yourself and your family. In Scotland, Powers of Attorney are widely recognised and legally robust.

However, people are sometimes surprised by what banks, utilities, or other organisations ask for when an attorney needs to act.

This guide explains how Scottish Powers of Attorney work in practice, why organisations may request originals or certified copies, and what you can do to minimise delays and frustration.

How Powers of Attorney work in Scotland

A Power of Attorney allows you to appoint someone you trust to act on your behalf. In Scotland, a Power of Attorney must be registered with the Office of the Public Guardian (Scotland) before it can be used.

Once registered, it gives the attorney legal authority to act within the powers set out in the document.

For a full overview of how Powers of Attorney work, see our guide:
The Importance of a Power of Attorney

You can find more information about registration and the role of the Office of the Public Guardian on their website:
Office of the Public Guardian (Scotland)

Registration times and urgency

Before a Power of Attorney can be used, it must be registered with the Office of the Public Guardian (Scotland). Registration is not immediate, and processing times can vary depending on demand.

This can feel frustrating, particularly if a PoA is needed urgently. However, registration can be expedited in certain circumstances, for example where there is a clear medical or financial urgency.

Planning ahead is important. Putting a PoA in place early helps avoid delays at a time when decisions need to be made quickly.

If urgent use is required, legal advice can help ensure the correct steps are taken and that any request for expedited registration is properly supported.

Scotland and England & Wales: why the process feels different

Scottish Powers of Attorney are created under a different legal system from those used in England and Wales. As a result, organisations verify them in different ways.

In Scotland, authority comes from the registered document, and organisations usually rely on the original or a certified copy. There is no single digital access code system.

In England and Wales, many organisations now use online access codes, and physical documents are requested less often.

These differences can feel frustrating, but they reflect different legal systems rather than any difference in legal strength.

Why organisations ask for originals or certified copies

Being asked for an original or a certified copy of a Power of Attorney is one of the most common causes of confusion.

A certified copy is a copy of the registered PoA that has been confirmed by a solicitor as being a true and complete copy of the original document. It is not a new PoA, and it does not require the granter to sign anything again.

Organisations ask for originals or certified copies so they can check that:

• the document is genuine and registered
• they are relying on the correct legal authority
• appropriate safeguards are in place

This is a standard part of how Scottish Powers of Attorney are checked and does not mean there is a problem with the document.

The age of a Power of Attorney

A Scottish Power of Attorney does not expire simply because it was signed many years ago. If it was properly granted, registered, and has not been revoked, it remains legally valid.

A new PoA is usually only needed if the existing document does not give the powers now required, was never registered, or has been revoked.

We cover planning ahead in more detail in:
Planning Ahead – Wills, POA and Care Decisions

Why experiences differ between organisations

It is common for a Power of Attorney to be accepted easily by one organisation and questioned by another.

This usually comes down to differences in internal procedures, staff familiarity with Scottish PoAs, or whether checks are handled centrally or locally. These variations can be frustrating, but they relate to administration rather than legal validity.

Attending in person

Some organisations accept certified copies by post or electronically, while others may ask to see documents in person or require an appointment.

Checking requirements in advance can help avoid unnecessary delays.

Using a Scottish Power of Attorney outside Scotland

A Scottish Power of Attorney is valid under Scots law. However, organisations outside Scotland may be less familiar with Scottish documents and may apply additional checks or ask for further confirmation.

In some cases, early discussion or legal advice can help smooth the process.

When guardianship is (and is not) required

Difficulties using a Power of Attorney do not automatically mean guardianship is required. Guardianship is a separate legal process and is generally only needed where no valid PoA exists or where it does not provide the authority required.

For a full explanation, see:
When It’s Too Late for POA – Understanding Guardianship

Practical steps to reduce delays

There are a few practical steps that can make using a Power of Attorney smoother:

• put a Power of Attorney in place early
• ensure it is registered promptly
• keep several certified copies available
• notify banks and key organisations in advance where possible
• seek legal advice if difficulties arise

Key points to be aware of

Older Powers of Attorney remain valid
A Scottish Power of Attorney does not expire because of age if it was properly made, registered and not revoked.

Requests for certified copies are routine
Being asked for a certified copy is part of standard verification and does not indicate a problem.

Loss of capacity does not invalidate an existing Power of Attorney
Capacity is only required at the time the document is made.

Acceptance can vary between organisations
Differences reflect internal procedures, not legal strength.

Guardianship is not the default alternative
It is only required in specific circumstances and should not be assumed without advice.

Hastings Legal

If you are experiencing difficulties using a Power of Attorney, speaking to Hastings Legal early can help clarify what should be accepted and avoid unnecessary delay.