A power of attorney can only be amended if the granter is capable of making and understanding this decision.
A power of attorney may, for example, be amended to:
- remove powers
- add an attorney (eg as a joint or a substitute attorney)
- add additional power
- vary existing powers
In practice, it may be difficult to apply certain amendments. As a result, it may be easier to revoke the existing power of attorney and create a new one in its place.
Two types of amendments can be made to existing powers of attorneys:
- simple administrative amendments
- full deed of amendments
Simple amendments are straight forward administrative amendments (eg changes of name or address). The granter will need to provide written details of the change to the Office of the Public Guardian (Scotland).
Typically, no fee is charged for such amendments.
Full deed of amendments
A full deed of amendments covers situations where the granter wishes to, for example:
- amend the existing terms of powers granted
- add a joint or substitute attorney
- add additional powers
The granter must inform the Office of the Public Guardian (Scotland) of any such changes in the form of a ‘deed of amendments’. This document should clearly set out what is to be amended and should be signed and dated by the granter.
The Office of the Public Guardian (Scotland) charges a fee for registering the amendment.
For more information, read the Office of the Public Guardian (Scotland) guidance.