If you have moved from England to Scotland, or a parent has moved in with you, you may be holding a lasting power of attorney made south of the border. People assume it works here. Sometimes it does. The safer assumption is that it might not.
The short answer
Possibly, but don't rely on it. The Public Guardian for Scotland has published its view that Scottish law makes a non-Scottish power of attorney automatically valid in Scotland. That is an interpretation of the legislation, not a court ruling.
Nothing in the law says how the document should be recognised in practice. Scotland has no process for registering or endorsing an English one. Whether it works day to day comes down to whether the bank, the solicitor or the care provider in front of you accepts it.
How the two systems differ
| Scotland | England and Wales | |
|---|---|---|
| Law | Adults with Incapacity (Scotland) Act 2000 | Mental Capacity Act 2005 |
| Documents | Continuing power of attorney (money and property) and welfare power of attorney (personal and health decisions) | Lasting power of attorney for property and financial affairs, and a separate one for health and welfare |
| Who confirms capacity | A solicitor or doctor certifies that you understand what you are signing | A certificate provider signs |
| Where it is registered | Office of the Public Guardian (Scotland). The fee is £99 from 1 April 2026 | Office of the Public Guardian for England and Wales, with its own fee |
The two systems run on separate registers, with separate forms and separate checks. An English document has been through England's process and has no entry on the Scottish register. Our guide to continuing and welfare powers explains the Scottish side in detail.
What happens at the bank
Banks and other financial institutions often ask for a Scottish endorsement of an English document. There isn't one to give.
The Public Guardian's workaround is a certificate setting out its view of the law, which you can show alongside the English document. Some organisations accept it. Others still refuse, and they are entitled to.
A refusal usually turns up at the worst moment. An attorney is trying to pay a care home fee or reach an account, and the person can no longer sign anything themselves.
Who this affects
People who moved from England and still hold their English document are the obvious group. So are parents who have moved in with, or near, a son or daughter in Scotland, and anyone with property or accounts on both sides of the border. Attorneys who live in Scotland and must deal with Scottish institutions meet the problem first.
What to do
If you still have capacity, make a Scottish power of attorney. It can sit alongside the English one, and your attorneys then have something every Scottish organisation recognises. The cost is modest next to the alternative.
Keep the English original safe, with its registration stamp. Organisations may want to see the original or a properly certified copy.
Ask in advance. Contact the bank, the pension provider and anyone else your attorney will deal with, and ask whether they accept a non-Scottish document. Get the answer in writing while you can still arrange the alternative.
If capacity has already been lost
Someone who can no longer understand what they are signing can't make a new power of attorney. The existing English document may still do the job, depending on who is asked to accept it.
If it doesn't, the fallback is a guardianship order from the sheriff court. That means a court application, a longer wait and a higher bill than a power of attorney would have cost. Our guide on what happens without a power of attorney walks through the process. It is the main reason to act while the choice is still yours.
The other direction
The same problem runs the other way. The Law Society of Scotland has reported frequent complaints about Scottish powers of attorney being questioned in England, even though Scottish ministers have said the law already allows recognition. If you split your time between the two countries, ask where each document will be used, and whether you need one for each.
Arranging a Scottish power of attorney
Richard arranges continuing and welfare powers of attorney through our specialist legal partners, usually at your kitchen table, and sees them through to registration. Our Power of Attorney page sets out what's involved. If you already hold an English document, bring it along so you can see what you have before deciding what to add.