Reminders of the pending changes of policy on retention of original powers of attorney; and the new jurisdiction check as part of the registration process

Original powers of attorney

The Office of the Public Guardian has issued a reminder that as from 3 January 2020 it will no longer retain original powers of attorney. Those registered prior to 2009 and held in storage will be securely destroyed. Solicitors wishing to hold certain original PoAs must write to OPG before 31 December 2019 indicating the specific documents required. For further information, see Journal, September 2019, 37.

New jurisdiction check

From 27 January 2020, OPG will be adding a new check to its registration process to ensure that it has due jurisdiction to deal with a PoA submitted for registration.

One of the following will require to be identified:

  • the granter lives in Scotland;
  • the granter has property in Scotland (e.g. a house, bank account etc);
  • the granter does not normally live in Scotland and it is a matter of urgency to submit the PoA for registration in Scotland;
  • the granter is present in Scotland and the PoA is needed on a temporary basis to make decisions limited to and within Scotland.

OPG’s official registration form, required for postal submissions, has been updated, as will the EPOAR facility.

The new versions can be used in advance of 27 January.

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