Scottish Power of Attorney process to improve next year with more changes in the works – here's what's happening

A Power of Attorney (PoA) is where you nominate a trusted friend or relative to look after your affairs. This doesn't mean you're giving up control there and then – you can choose for it only to come into effect when you're no longer capable. Without one, loved ones would need to apply through court to access your money, even if it's to pay for your care. Here's what's changing in Scotland...

Spring 2027: An online Power of Attorney register for Scotland will launch

Fiona Brown, public guardian at the Office of the Public Guardian (OPG) – which oversees the PoA system – noted "several frustrations" with how the current system works, including "delays impacting those trying to set up and use a Power of Attorney, mostly within the financial sector".

To help combat this, Ms Brown confirmed that the OPG plans to introduce a publicly available online register in Spring 2027. This will let you check whether a family member or friend has a registered Power of Attorney, who's been appointed, whether they have financial powers, when the PoA was granted and when it expires.

You'll also be able to check whether your loved one has a registered Guardianship. This works in a similar way to a Power of Attorney, except that it's a court appointment to act and make decisions on behalf of an adult who has already lost the capacity to do so.

Crucially, banks and other organisations, such as the NHS, will also be able to use the register, offering "an element of verification" that will hopefully reduce the administrative burden on those needing to prove their authority.

By September 2027: More improvements expected

Ms Brown also confirmed that the OPG is currently working on an overhaul of its 25-year-old case management system (link opens PDF), as it cannot support certain features in its current state.

This newly digitised system is expected to be up and running by September 2027. This will largely be a backend change in the first instance, but it should mean additional features – including verification codes and case tracking – can come later down the line.

Ms Brown admitted that an 'access code' system "would be beneficial". The current access code system in England and Wales enables organisations to instantly view a digital summary of the Power of Attorney.

However, the OPG cautioned that this is "all with the caveat that we would need to secure funding from the Scottish Government to allow us to do so".

Angela Constance, Scotland's Cabinet Secretary for Justice, confirmed that the Scottish Government is currently providing "increased funding" (link opens PDF) to the governmental department that the OPG sits within, in order "to help underpin a wider programme of modernisation".

Campaigners had urged the Scottish Government to improve the Power of Attorney system

In a joint letter to the Scottish Department for Justice and Home Affairs and to the OPG, MoneySavingExpert.com founder Martin Lewis and co-signee Austin Lafferty, former President of the Law Society of Scotland, had urged for "a similar system" to England and Wales' access codes. They said they "believe people in Scotland are being sub-served when they come to use their Power of Attorney compared with other UK nations".

The letter, which was sent on 5 February 2026, included some stories Martin had heard from readers and stated that the current system "causes unnecessary stress for everyone involved, at what is usually an already stressful and vulnerable time for people".

The letter continued: "I've heard of examples of people in Scotland struggling to get their authority as an attorney recognised when they need it urgently to act on behalf of their loved one. This even includes the person with the Power of Attorney having to traipse into a branch to prove their identity when they are already known to the bank, and going through lengthy procedures to be able to make any progress."

Commenting on the latest news, Mr Lafferty – who appeared on Martin's podcast on this issue – said: "This is good news and long overdue. The staff and officials of the OPG are first class. Hopefully they will now get tech to match these personal levels of service, in turn providing a seamless channel for registered attorneys to take over bank accounts in the best and often urgent interests of the disabled adult."