EPOAR FAQs

A. In the login screen select the reset password button and a new password will be sent to your registered e-mail address. When you log back in using the new password you will be requested to change the password to one of your own choice.

Q. My account is locked, how do I get it unlocked?

A. If you are user with an agent, your agent administrator will be able to unlock your account for you. If you are a member of the public or your agent administrator is not available an OPG administrator can unlock your account for you. Send a request to: epoar@scotcourts.gov.uk

Q. I am an agent administrator and my account is locked, how do I get it unlocked?

A. It is best practice to have more than one agent administrator so that if you do lock yourself out, the other agent administrator can unlock your account for you. Alternatively an OPG administrator can unlock your account for you. Send a request to: epoar@scotcourts.gov.uk

Agent users (professionals)

Q. What are the benefits of having more than one agent administrator?

A. It is best practice to have more than one agent administrator, if you have locked yourself out of your account they will be able to unlock you. Also they will be able to deal with any issues that agent users have in your absence.

Q. Why should I create a contact template and what are the benefits?

A. To save time when entering the details of a frequently used sender or attorney, a contact details template can be created to store their information. This can later be used to auto complete the appropriate sections within the submission process.

Q. How do I search for applications that I have submitted?

A. When you log into EPOAR you are automatically taken to the registrations screen. You can enter the appropriate search criteria and click on the search button. Any results matching your requirements will be displayed.

Q. I want to create additional users ?

A. To create users within an agent you must select 'My Agent' first and then select the create button.

Q. Can my secretary complete the registration details in EPOAR on my behalf?

A. Yes, the agent administrator would create your secretary as a data entry user on EPOAR and when they have created a submission there is an option for them to move the status of it to awaiting check. This will allow you to check the application before payment and submitting it to us.

Inputting data in EPOAR

Q. Should information be entered in upper or lower case?

A. We recommend that BLOCK capitals are not used. If this is the case, BLOCK capitals will appear on the certificate of registration.

Q. The granter is 'also known as Jock Smith'.... how do I input this?

A. When inputting the granter’s name you should enter their legal name i.e. forename, middle name and surname as stated in the power of attorney (PoA) document. Pay attention to the spelling of names. For example if the name provided in the document is John David Smith (also known as Jock Smith) the name should be entered into EPOAR as follows:

First name John

Any other middle name (only if stated in the David
PoA document)

Surname Smith

Please make sure you only include the legal forename, middle name and surname stated in PoA document.

Q. The granter's name is 'Jane Mary Smith or Jones'.... how do I input this?

A. When inputting the granter’s name ensure you enter their legal name as stated in the power of attorney (PoA) document. Pay close attention to the spelling of names. For example if the name provided in the document is Jane Mary Smith or Jones with Mary being a middle name, Smith the maiden name and Jones the married name, the name should be entered into EPOAR as follows:

First name Jane

Any middle name (only if stated in the Mary
PoA document)

Surname Jones

Please make sure you only include the legal forename, middle name and surname stated in PoA document.

Q. Do I have to provide an email address for the granter?

A. Yes. The granter’s email address or an email address provided by the granter should be entered to allow their copy of the PoA to be emailed to them. If the granter can’t provide a suitable email address, then you must seek permission from the granter for the firm’s email address to be used instead.

If an email address cannot be provided by the granter, you will not be able to submit the PoA via the EPOAR facility. Please send the PoA to us via the postal system.

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Q. The attorney is a company, how do I input the name details?

A. An example of how to set out the name of a company who are an attorney is as follows:

Title: Other
Title if Other: The
First name: Test
Middle name: Trustees
Surname: Limited
Sex: Other

Q. Why is it important that I check that the data input is accurate?

A. We do not check your data input so please check the spelling and the order of names are correct and are as stated in the PoA document. While there is lots of on screen guidance and validation to assist, it is highly recommended that before moving on to make payment that a check of the data input is made. This is important because after payment is made there is no opportunity to correct any mistakes.

The data input by the user to EPOAR is migrated to our own computer system and populates fields there like for like. It is from these fields that the Public Register is updated upon registration and the certificate of registration generated. So, for example, if the granter's surname is 'Smith' and it was input incorrectly as 'Simth', the Public Register and the certificate of registration would read 'Simth'. Please ensure that your input exactly matches the names in the PoA document

Q. What is a specified person?

A. The Adults with Incapacity (Scotland) Act 2000 provides that the granter of a PoA may specify up to 2 persons whom they would wish to receive a copy of the document from the Public Guardian after it has been registered. In most instances the specified person will be an attorney but it can be anyone specified by the granter. The important thing to note is that the specified person must be named by the granter within the PoA document.

Q. Will pressing the cancel button erase what I have input on the page?

A. No. The cancel button returns you to a previous screen.

Submission requirements

Q. Are the registration requirements the same for electronic submissions and postal submissions?

A. Yes, registration requirements are the same and applicable in all cases, regardless of submission method. However, when using EPOAR you do not need to send the paper registration form as this data is collected when you input the names and addresses etc. of all the people involved in the PoA.

Q. Why does a date of birth need to be supplied for the granter?

A. The Adults with Incapacity (Scotland) 2000 Act states that a person granting a power of attorney (PoA) requires to be over the age of 16. Providing the granter’s date of birth allows EPOAR to verify the granter's age. It also allows the Public Register to be more accurate and more easily searched.

Q. Offline an attorney signs the clerical registration form confirming their willingness to act, how is this confirmed on EPOAR?

A. EPOAR has a section that has to be completed for statutory requirements and one of the requirements is that a named attorney is willing to act in terms of the PoA. It is highly recommended that a record is kept of how and when the attorney confirmed their willingness to act so that if need be it can be relied upon future.

The Public Guardian reserves the right at any time to call upon evidence of the attorney's consent to act. It is therefore essential that satisfactory evidence of this is retained on record. This will either be a statement to that effect signed by them, or an email communication or similar.

We provide an (optional) attorney declaration form that can be used to record that a named attorney is willing to act. This form includes information for attorneys on what their duties and responsibilities are, therefore although the form is not mandatory, we do strongly encourage its use.

Q. Can the Public Guardian ask to see the original PoA document?

A. Yes. The Public Guardian reserves the right at any time to ask for sight of the original PoA document and statutory certificate.

Q. Can I use EPOAR if the PoA is to be used out with the UK?

A. If the PoA document is to be used abroad and it needs to be apostilled i.e. legalised with a wet signature, please note that the documents must be sent to us via the postal system and not via EPOAR. As we can only accept PoAs drafted in English, you might find the following steps useful if the granter cannot read or speak English.

Arrange for a PoA in the granter’s own language to be drafted and signed by the granter
Arrange for an English translation of the PoA and for this to be notarially executed on the basis that the granter does not read English but has accepted and signed the original PoA
Send both the English translated PoA and the original PoA signed by the granter for registration. Please ensure that the English translated PoA is at the front of all the PoA documentation.

You can get certain official UK documents ‘legalised’ by asking the Legalisation Office to confirm that the signature, stamp or seal is from a UK public official. You might need to do this if an official in another country has asked you to provide a UK document and they’ve said it must be legalised. For more information please see Get your document legalised - GOV.UK. or contact legalisationenquiries@fco.gsi.gov.uk

Uploading the PoA document

Q. What documentation is to be uploaded?

A. The PoA document and the schedule 1 certificate of capacity (and also a schedule 2 certificate if a revocation is included in the PoA document) need to be scanned together and uploaded into EPOAR as one deed. It’s not possible to upload 2 separate documents.

Q. Does the paper registration form need to be scanned and uploaded with the PoA document?

A. No. Do not scan and upload the paper copy of the registration form. The data you input provides all the necessary details about the people involved in the PoA registration.

Q. Can documentation supporting a springing clause in the PoA be uploaded?

A. Yes. Supporting documents should be attached if the PoA contains a springing clause which requires supporting document to be seen in conjunction with the PoA. The PDF must not exceed 2MB and the page size no larger than 8.27x11.69in. Read our guidance to ensure your document meets EPOAR requirements.

Q. What's the criteria for the PoA document?

A. The layout of the PoA document needs to be compatible with the EPOAR software. The PDF must not exceed 2MB and the page size no larger than 8.27x11.69in.

Read our guidance to ensure your document meets EPOAR requirements

Q. I've uploaded the wrong document, what can I do?

A. If you notice before moving on to the payment screen, it is easy to fix. Simply click on 'browse again' and select the correct document. If you notice after the registration has been submitted you must notify us in writing that the registration is to be rejected. Once this is confirmed on the EPOAR system you can resubmit the correct registration and pay for it using the transfer of payment function.

Q. I've made the submission and it is wrong, what can I do?

A. Once payment is made the data input by the user is 'locked-in' to EPOAR and cannot be changed. If you spot a mistake thereafter, please notify us in writing and we can make the necessary change prior to the certificate of registration being generated. If we have registered the PoA, please get in touch in writing and we can make the necessary change retrospectively and issue a new certificate if required.

What happens if the granter dies?

Q. Can I withdraw an application once it has been submitted?

A. Yes, in certain circumstances, for example the death of the granter, the application can be withdrawn before it is registered email us at epoar@scotcourts.gov.uk for further information.

However, if we have processed an application and returned it to you for amending and the granter dies before the application is registered, please note a refund is not applicable.

Fees

Q. Is there a different fee for registering a PoA using EPOAR?

A. No, the fee is the same and can be found in the fee table.

Q. I will be submitting more than one application can I make a bulk payment?

A. Yes, the maximum number of payments allowed in the bulk payment facility is 20.

Q. I have withdrawn my application how do I get the fee refunded?

A. Email: opgfinance@scotcourts.gov.uk with the details of the case (including reference), the value of the refund requested and the reason for the refund. Please note that refunds can only be authorised up to the value of the original payment and must be made to the same card from which the original payment was taken.

Q. What happens to my payment if the PoA is rejected?

A. There is the facility to transfer the original payment so that it is recorded against the new registration. However, if the PoA document is not resubmitted please note that the fee is non-refundable.

Certificates

Q. Will I receive a paper copy of the PoA certificate?

A. No, an electronic copy of your certificate will be sent to the EPOAR system. Then you will be able to log in and print off the required copies free of charge.

Q. What verification procedures do banks have to establish that my certificate is valid?

A. EPOAR has an online verification facility that allows organisations presented with an electronically produced certificate of registration to verify that the document has been registered with OPG. Any queries regarding the validity of a certificate should be raised with OPG.

Q Does the downloaded certificate of registration, need to be certified a true copy?

A. Yes. The granter of the PoA, a solicitor, stockbroker or a person authorised for the purposes of the Legal Services Act 2007 must sign each page of the document certifying it a true copy.

Q. What margin sizes should be applied to the header and footer of the PoA document?

A. It is recommended that margins of at least 3.5cm are applied.

Rejections

Q. If my PoA is rejected, can I resubmit a new document on the original submission?

A. You will be advised by email of the reasons for rejection. Once you have made the necessary changes you will need to restart the submission process from the beginning. It is not possible to resubmit a new document on the original submission.

Q. The PoA was returned for correction. Do changes need initialled?

Yes. Any alterations made to the PoA including the insertion of new pages must be initialled by the granter. Any changes made to the certificate must be initialled by the person who signed it. It is important to ensure that all alterations are initialled before resubmitting the PoA for registration. You will have to confirm this when agreeing the statutory requirements within the EPOAR system.

Revocations

Q. Can I use EPOAR to revoke a registered PoA and submit a fresh PoA?

A. You can use EPOAR if the original PoA was registered via EPOAR. Please submit the fresh PoA along with schedule 1 and 2 certificates and the revocation notice.

Q. Can I use EPOAR to revoke a registered PoA?

A. You can use EPOAR if the original PoA was registered via EPOAR. Please submit the schedule 2 certificate with the revocation notice.

Inactive registrations

Q. How do I stop a registration from being deleted?

A. If you create a registration in EPOAR and don't do anything with that registration for 4 weeks then it will be flagged by the system as inactive and you will receive an email advising of this. If you don't do anything with it for a further 2 weeks then it will be deleted.

In order to stop your registration from being deleted you will need to log into the EPOAR system and search for your registration, select View and then Save and Exit and this will give you a further 4 weeks in which to proceed with this registration. If after 4 weeks you need further time then follow the same procedure again.

Q. Why have I received an email saying the registration is inactive but I've paid the fee?

A. If you have received an email stating the registration is inactive but you have already paid the registration fee, then more than one registration has been created by the user. An inactive registration is flagged up by the system if there has been no activity with it within 4 weeks. If you don't do anything with it for a further 2 weeks then it will be deleted. Your user account will still remain active.