During this difficult period (COVID-19 pandemic) we appreciate that anxiety levels within our communities may be higher than normal, and that whilst being isolated at home, people may wish to forward plan by preparing a PoA.
This type of forward planning is always a good idea, and should be encouraged, but the purpose of this article is to set realistic expectations in respect of the registration of your PoA.
PoAs that are to begin or continue in the event of a granter’s incapacity must be registered with OPG before the deed can be used (this applies even during these difficult times), and attorneys cannot act until the PoA is registered.
Under normal circumstances, we aim to register deeds within 30 working days, but offer an expedited registration service of 5 working days, where there is a genuine urgency.
As previously indicated, due to COVID-19 we are operating with reduced staffing levels, so are currently only able to process critical/urgent work. Given this, normal registration targets for non-critical work will not be achieved.
We are currently able to, and have been, registering urgent deeds within our 5 working day target. We see no reason why this should not continue, so long as our expedited service is not abused (requests where there is no genuine urgency, detracting from the genuinely urgent work).
What scenarios could be deemed urgent?
If a PoA is needed as the granter is elderly or frail, purely for peace of mind, or to have it in place for the future, these reasons would not meet the criteria to allow the PoA to be treated as urgent.
However:
- If the granter has subsequently lost capacity, and urgent decisions require to be made;
- If the granter has been admitted to hospital, and urgent action requires to be taken;
- If the granter requires to be moved from hospital with a care package, or into a care home;
- If the granter is at risk of financial harm as they cannot act in their own interests to pay bills, care fees etc. or to undertake a financial assessment following release from hospital;
*this list is not exhaustive
This would constitute a genuinely urgent situation, and would meet the criteria for our expedited registration service.
Possible Temporary Alternatives to PoA
We appreciate that if you are shielding or self-isolating, it may be difficult to manage your day to day finances/business, yet you may not meet the above criteria for expedited registration.
If this is the case (whilst you await registration of your PoA), you may be able to make use of other facilities/methods of delegation, such as online banking, or the use of a third party mandate. A third party mandates can give authority to carry out everyday banking transactions on someone’s behalf.
Where/How to request an expedited registration
To request the expedited registration of a PoA, please email OPG@scotcourts.gov.uk marking your email as URGENT. Please also provide details as to why the registration is required urgently. Alternatively email us a completed template “request expedite service” form from our website http://www.publicguardian-scotland.gov.uk/power-of-attorney/forms-publications
If the request is granted, your PoA will be processed within 5 working days.