Life in Glasgow, as anywhere, is subject to change. While power of attorney Glasgow (PoA) is a vital document designed to provide long-term security, circumstances can evolve, leading you to consider cancelling it entirely or making alterations. It’s crucial to understand the correct legal procedures in Scotland to ensure any changes are valid and effectively recorded.
The Golden Rule: Mental Capacity
Before discussing any cancellation or change, the most important rule to remember is: You, the Granter (the person who made the PoA), must have the mental capacity to understand what you are doing when you decide to cancel or change your Power of Attorney. If you have lost mental capacity, you cannot personally revoke or amend the document. In such cases, intervention from the Office of the Public Guardian (OPG) or a court order might be the only way to alter the PoA, usually only if there are concerns about the Attorney’s conduct.
How to Cancel (Revoke) a Power of Attorney
If you wish to completely cancel a registered Power of Attorney in Glasgow, the process involves several key steps:
- Written Revocation Notice:
You must provide a clear written notice stating your intention to revoke the Power of Attorney.1 This notice should explicitly identify the PoA you are cancelling (e.g., by date it was made and your full name) and declare that you are revoking all powers granted within it.2 The notice can be typed or handwritten, but it must be signed and dated by you, the Granter.3
- Revocation Certificate (Schedule 2):
Crucially, your revocation notice must be accompanied by a Revocation Certificate.4 This certificate must be completed and signed by one of the following professionals:
- A practising solicitor registered to practice law in Scotland.
- A practising member of the Faculty of Advocates.
- A registered UK medical doctor who holds a license to practice.5 This professional must interview you (the Granter) to ensure you understand what you are doing by revoking the PoA.6 This acts as a safeguard, similar to the Certificate of Capacity when the PoA was first made.
- Inform the Office of the Public Guardian (OPG):
You must send the revocation notice and the accompanying Revocation Certificate to the OPG in Falkirk. There is no fee charged by the OPG for a full revocation of a PoA.7 The OPG will then update their public register to show that your Power of Attorney has been revoked.
- Inform Your Attorney(s) and Relevant Institutions:
It is vital that you also inform your Attorney(s) in writing that their authority has been revoked. Provide them with a copy of the revocation notice and certificate. You should also notify any institutions or individuals who have previously dealt with your Attorney under the PoA (e.g., banks, building societies, care providers, doctors) to prevent them from acting on your Attorney’s behalf in the future.
How to Change (Amend) a Power of Attorney
Making changes to a Power of Attorney is slightly more nuanced. The Office of the Public Guardian’s policy, updated in October 2023, has simplified some aspects but also clarified when a new PoA is required.8
Minor (Administrative) Changes:
For simple administrative updates that do not change the fundamental substance of the PoA, such as:
- A change to your (the Granter’s) name or address.
- A change to an Attorney’s name or address.
- A spelling correction.
You can notify the OPG in writing with details of the change. You typically don’t need a new Certificate of Capacity for these administrative updates, and there is no fee. The OPG will update their records.
Significant Alterations (Requiring a New PoA):
If you wish to make significant alterations, such as:
- Adding a new Attorney or substitute Attorney.
- Removing an Attorney (unless there are existing joint/substitute attorneys who remain).
- Adding or removing specific powers.
- Changing how your incapacity is determined.
- Changing how joint Attorneys are to act (e.g., from “jointly” to “jointly and severally”).
In these cases, the OPG’s policy from October 2023 states that you generally need to create and register a fresh Power of Attorney deed. This new PoA would explicitly replace or revoke the previous one. This new document would require a new Certificate of Capacity and the standard OPG registration fee (£96).
If the new PoA is intended to revoke a previously registered PoA, the new document should include a clause explicitly cancelling the old one. This new PoA must also include both a Certificate of Capacity and a Revocation Certificate for the previous PoA. This ensures a seamless transition.
Removing an Attorney (Partial Revocation):
If you want to remove an Attorney but keep the PoA otherwise valid (e.g., if you have multiple Attorneys and simply want one less, or if you have a substitute attorney who can step in), you must:
- Provide a written revocation notice to the OPG, clearly stating which Attorney you are removing.
- Provide a Revocation Certificate (Schedule 2) from a solicitor, advocate, or doctor, confirming your capacity to make this decision.
- The OPG may charge a fee for a partial revocation (check current OPG fees, as they can differ from a full revocation which is free).9
- If a substitute attorney is stepping into a role previously held by a sole or joint attorney, they will need to confirm their willingness to act, age, and non-bankruptcy status to the OPG.
The Indispensable Role of a Glasgow Solicitor
While the OPG provides guidance, navigating the specifics of cancelling or amending a PoA can be complex. Engaging a Glasgow solicitor is highly recommended for several reasons:
- Capacity Assessment: A solicitor can professionally assess your mental capacity to make the change or revocation, a critical legal requirement.
- Correct Documentation: They will draft the precise written notices, new PoA documents, or certificates required to ensure legal compliance.
- OPG Liaison: They will handle all communication and submissions to the Office of the Public Guardian, ensuring the process is correctly executed.
- Minimising Risk: They can prevent errors that could lead to disputes or leave your PoA invalid or partially effective, causing future problems for your loved ones.
- Comprehensive Advice: They can advise on the implications of your changes and ensure your updated PoA genuinely reflects your current wishes and circumstances.
In summary, maintaining control over your Power of Attorney in Glasgow is possible, but it requires adherence to specific legal procedures and, crucially, your continued mental capacity. Always seek the advice of a qualified Glasgow solicitor to ensure that any cancellation or amendment is executed correctly, providing you and your family with ongoing peace of mind.
