Amending a power of attorney (PoA)
If you decide that you want to make a change to your PoA you will need to tell us. The PoA can only be amended by you, the granter, if you are capable of making and understanding this decision.
Examples of amendments that can be made are:
- Removing power(s) from the PoA
- Add an attorney, this could either be a joint or a substitute attorney
- Adding in power(s) or
- Amending powers
Some amendments can be complicated to apply, however this will depend on the extent of the changes you wish to make. It is often easier and it costs the same, for the old PoA to be revoked (cancelled) and a new PoA registered in its place. Having a new PoA may help to avoid any confusion or misinterpretation when an attorney is exercising their powers.
If a registered PoA is to be revoked i.e. cancelled, you (the granter) will need to send:
- A statement explaining your wishes and
- A fully completed revocation certificate (schedule 2)
You will find much more information about amendments and related fees in our Amendment Policy document.
Types of amendments
There are 2 types of amendments;
- simple administrative amendment, or
- full deed of amendment.
What is a simple amendment?
This covers straight forward administrative amendments which do not change the original information contained in the power of attorney document. These types of amendments relate to the records we hold on our system. For example, if the granter or attorneys etc. change their name or address, or if there is a spelling error of a name an administrative amendment should be made to allow us to update our records.
If you wish to make an administrative amendment you will need to provide us with written details of the change that is to be made. It is very important that our records are kept up to date and that you tell us if the granter or any attorney changes address. We provide a form if you are telling us about a change of address.
When we receive notification of an administrative amendment we will update our system to record the change and issue a letter confirming the change. The amendment will become effective on the date it’s registered by us.
We do not charge a fee for this service.
What is a full deed of amendment?
A full deed of amendment covers situations where you, i.e. the granter, wish to amend the original information contained in the power of attorney document e.g. add a joint or substitute attorney, or amend the terms of a particular power or add extra powers etc. We charge a fee for registering the amendment.
You will need to tell us about the amendment you want to make in the form of a 'deed of amendment'. This document can be typed or handwritten. You should state clearly what is to be amended and sign and date the document. There is no set style for this notice. Please remember to tell us which PoA the amendment applies to.
You should be aware that when the amendment is registered, that a copy of your deed of amendment will be attached to the new certificate of registration and copy of the initial PoA document.
If you have been appointed as a substitute attorney you may be required to act at a future date. If this is the case we will contact you to confirm that you are still willing to act.
A certificate of capacity (schedule 1) must be sent along with the deed of amendment. The certificate must be completed by a solicitor who is registered to practice law in Scotland, or by a or a practising member of the Faculty of Advocates or by a UK medical doctor who is registered and licensed to practise. If the amendment includes a revocation, you must also send a completed revocation certificate (schedule 2).
Some amendments can be complicated to apply, however this will depend on the extent of the changes you wish to make. It is often easier and it costs the same, for the old PoA to be revoked and a new PoA registered in its place. Having a new PoA may help to avoid any confusion or misinterpretation when an attorney is exercising their powers.
Adding a new attorney
If new attorneys are being added, they will need to confirm to us in writing that they are willing to act. If they are given continuing powers i.e. financial related powers, they must also confirm they are not currently declared bankrupt. Substitute attorneys only need to provide confirmation to us when they become active.
When is an amendment not suitable?
If a PoA has been terminated an amendment cannot be made. Situations where a PoA is terminated include:
- After the death of a sole attorney where there is no substitute or joint attorney
- After the revocation/cancellation of the full PoA
- After the revocation/cancellation of the appointment of a sole attorney where there is no substitute attorney