How to revoke a power of attorney in Scotland

A donor ( known as ‘granter’ in Scotland) may revoke a power of attorney that has been registered with the Public Guardian.

To revoke a power of attorney, a written notice (also called a ‘revocation notice’) must be used. This sets out what the granter wishes to revoke (whether they wish to revoke the entire power of attorney or a specific power). The revocation notice must be signed by the granter. Further, it must include a certificate by either a practising lawyer, a practising legal advocate or licensed and registered medical practitioner stating the following:

  • That, immediately before signing the document, they interviewed the granter

  • That they are satisfied - either due to their knowledge of the granter or through consulting another person named in the certificate, who has knowledge of the granter - that the granter understood the effect of revocation

  • They they have no reason to believe that the granter was subject to undue influence at the time of revocation or that there is another reason which ought to prevent the revocation.

The revocation notice and the certificate must then be sent to the Office of the Public Guardian (the OPA) for registration. The details of the revocation will then be entered into register and the attorney will be notified. The local authority and the Mental Welfare Commission will also be notified.

While revocation takes effect immediately on registration with the OPA, the granter should make their attorney aware of the revocation by providing them with a copy of the signed revocation notice.