You have been appointed as an Attorney in terms of a Power of Attorney but now what happens? In order for a Power of Attorney to become enforceable, it will require to be lodged and registered with the Office of the Public Guardian Scotland (OPG). Once the Power of Attorney has been successfully registered, the OPG will issue a Certificate of Registration confirming that a Power of Attorney has been granted in your favour. It is important that this Certificate is kept safe as the Power of Attorney will only become enforceable by presenting this certificate to each institution.

When preparing a Power of Attorney, the Adult (person granting the Power of Attorney) must determine how they wish their incapacity to be determined. The details of this decision should then be narrated in the Power of Attorney document itself. This may be an informal decision making process between the Attorneys, a signed certificate with the opinion of two doctors or one of endless other possibilities unique to the adult. Therefore, in determining how a Power of Attorney can be implement, the starting place must always be the Power of Attorney document.