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General power of attorney that ends on incapacity (Scotland)
Scotland · in English
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12 questions · about 5 min
Made for use in Scotland
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For an adult in Scotland who wants someone they trust to handle their money and affairs while they can still decide for themselves — when abroad, in hospital or simply needing help. It ends if you become incapable: under section 18 of the Adults with Incapacity (Scotland) Act 2000, a power that is not a continuing or welfare power has no effect while you are incapable. For that, a continuing or welfare power of attorney is certified and registered with the Office of the Public Guardian (Scotland), whose guidance is the first place to look. Signed on paper before one witness.
- Made for use in Scotland
- Last updated October 29, 2026
- Document in English
Where a UK document reproduces the words of legislation or of a government publication — UK, Scottish or Northern Irish — it contains public sector information licensed under the Open Government Licence v3.0.
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When to use this document
- You are going abroad for months and want someone you trust to run your affairs in Scotland.
- You are going into hospital and someone needs to pay your bills while you recover.
- Your elderly parent wants help with the bank while they can still decide for themselves.
- You need a general power of attorney now, not a continuing one for the future.
What you fill in
The details the document asks for.
- Principal
- Principal's address
- Town or city
- Principal's postcode
- Attorney (the person you appoint)
- Attorney's address, with postcode
- Second attorney (blank if only one)
- Second attorney's address, with postcode
- How two attorneys act
- Valid until
- Town where you sign
- Date
Common questions
- Should I make a continuing power of attorney in Scotland instead of a general one?
- If you want someone to act for you if you lose capacity, yes. A general power has no effect while you are incapable. A continuing power (money and property) or welfare power must say that it continues after incapacity, carry a certificate from a solicitor or medical practitioner who met you, and be registered with the Office of the Public Guardian (Scotland) before use, for a fee. The OPG’s website explains how; this document is for while you can still decide.
- How do I sign a power of attorney in Scotland so that it is self-proving?
- Sign it at the end, on paper, in front of one witness aged 16 or over who is not your attorney; the witness signs straight after and adds their full name and address (Requirements of Writing (Scotland) Act 1995, s 3). The document is then presumed to have been signed by you, which banks and others expect. No deed formula and no second witness are needed. Keep the original safe: many organisations will ask to see it.
- Will banks and the Office of the Public Guardian (Scotland) accept a general power of attorney?
- The Office of the Public Guardian (Scotland) registers only continuing and welfare powers, not general ones, so there is nothing to register. Banks and building societies decide for themselves what they accept, and many have their own free third-party mandate, which may be all you need for one account. Ask the bank first, and remember that a general power stops working if you become incapable.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
Related documents
- Power of attorney for a single matter (Scotland)
For someone in Scotland who needs another person to act for them in one matter only — selling a car, signing a contract, dealing with a bank account or a property sale while they are abroad. The power names the matter, what the attorney may sign and when it ends, and is signed before one witness so that it is self-proving. Like every power that is not a registered continuing power, it has no effect while you are incapable (Adults with Incapacity (Scotland) Act 2000, s 18). If a letter of authority or the organisation’s own free form will do, use that first.
- Revocation of a power of attorney (Scotland)
For someone in Scotland who gave a general or one-off power of attorney and wants to end it — they no longer need it, or no longer trust the attorney. The revocation ends the power from the day you sign it, and is signed before one witness so that it is self-proving. Give a copy to the attorney and to every bank or organisation that has dealt with them, so that no one goes on relying on the power. Not for a registered continuing or welfare power of attorney: the Office of the Public Guardian (Scotland) explains how to end one.
- Letter of consent for a child to travel abroad (Scotland)
For a parent or anyone else with parental responsibilities and rights who is not going on the trip: a signed letter consenting to a child travelling abroad with the other parent, grandparents or a school. In Scotland no one may take a child under 16 who lives here habitually out of the United Kingdom without the consent of a person who has the right to have the child living with them or to keep in contact — of both parents, where both have it (Children (Scotland) Act 1995, s 2(3) and (6)). There is no official form. The letter names the child, the trip and the dates, and gives your telephone number so that border staff or an airline can check it.
- Formal complaint to your council (Scotland)
For a resident in Scotland unhappy with a council service or decision — bins, potholes, planning enforcement, noise, social work, council housing or poor handling of an earlier request: a formal complaint under the council's complaints handling procedure, saying what happened, what you have done so far and what you want the council to do. Use the council's online form if it has one. An investigated complaint is normally answered within 20 working days; if you are still unhappy after the council's final reply, the Scottish Public Services Ombudsman looks at complaints free of charge.
- Letter telling a bank or organisation that a power of attorney has been revoked (Scotland)
For someone in Scotland who has revoked a general or one-off power of attorney: a letter to a bank, building society, utility, landlord or any organisation the attorney has dealt with, saying the power has been revoked, asking them to stop accepting the attorney’s instructions and to confirm it in writing. It encloses a copy of the signed revocation and goes by recorded delivery, or by hand. Not for a continuing or welfare power registered with the Office of the Public Guardian (Scotland), which is ended through the OPG.
- Request for a redetermination of a Social Security Scotland decision (Scotland)
For someone in Scotland who disagrees with a Social Security Scotland decision on Adult Disability Payment, Child Disability Payment, Carer Support Payment or another Scottish benefit. A written request for a redetermination under section 41 of the Social Security (Scotland) Act 2018 — within 42 days for those three benefits, later only with a good reason: it names the determination, says why it is wrong and lists new evidence; a redetermination comes before any tribunal appeal. You can also ask free by phone or online. Posted by recorded delivery. Sold blank, as it may hold health data.