If we can’t register your power of attorney

We carry out a check of a power of attorney (PoA) document to make sure it meets the registration criteria. If your document does not comply then we will be unable to register it. If the PoA cannot be registered, we will write to the sender advising of the reason for rejection.

Amendments can then be made in accordance with the guidance provided.  When making amendments to the documentation ensure that:

  • Any changes made to the PoA document are either initialled by the granter or confirmation by other means is provided, e.g. a letter from the granter confirming that they subscribed the relevant PoA now amended.  

Once the necessary amendments have been made the documentation can be submitted for registration. There is no fee charged for resubmissions.

Common reasons for rejection

To help avoid your PoA being rejected and returned, the most common reasons for rejecting are:

The PoA document

  • The PoA document contains a springing clause which prevents registration
  • The testing clause in incomplete
  • The PoA does not contain a clear statement identifying that it is intended to be a continuing PoA and/or a welfare PoA
  • The names and addresses of the granter/attorney(s) are not consistent throughout the document.
  • Registration of a continuing power is requested but there are welfare clauses in the PoA and vice versa
  • The PoA does not contain an incapacity statement (applies to PoAs granted after 05/10/2007)

Certificate of capacity (schedule 1)

Section 1
  • The name of the granter on the PoA does not exactly match the name of the granter on the certificate
Section 2
  • The date entered on the prescribed certificate does not correspond with the date the PoA was subscribed or the date is missing from the certificate
Section 3
  • The type of power has not been completed
  • The incorrect box has been ticked
Section 4
  • The name of the attorney/s on the PoA does not exactly match the names of the attorney on the certificate.
Section 5
  • The signatory of the prescribed certificate is not a UK registered and licensed medical doctor, a practising member of the Faculty of Advocates or a practising Solicitor who is registered to practice law in Scotland
  • The signatory of the prescribed certificate is a trainee solicitor
  • The signatory of the certificate is a named attorney in the PoA
  • Declaration of certifier has not been completed at 5(2)(a) or if 5(2)(b) has been ticked, the details of the person consulted not provided
  • The signatory has not signed and printed their name
  • The signatory has not completed their profession or provided their business address
  • The signatory has not dated the certificate

General reasons

  • Amendments to the PoA have not been initialled by the granter or confirmation not provided confirming the granter subscribed the PoA now amended.
  • Amendments to the prescribed certificates have not been initialled by the signatory.
  • The certificate of capacity (schedule 1) is not included
  • A certificate is incorporated in the PoA but it is not correctly worded

Registration form (postal submissions only)

  • The attorney has not confirmed in writing that they are prepared to act