Current status: Answered by Maree Todd on 9 June 2026
To ask the Scottish Government what assessment it has made of any barriers that the current costs and legal requirements associated with obtaining a Power of Attorney create for (a) low-income households, (b) older people and (c) disabled people, and whether it will consider introducing officially approved standard templates or additional financial support for applicants.
Work is underway to modernise the Adults with Incapacity system in Scotland, including Powers of Attorney, with a specific focus on enhancing the rights and protections of people affected by incapacity law. We are working collaboratively with an Expert Working Group, convened in September 2025, to develop evidence-based recommendations for legislative and procedural reform and to improve the experience of those affected by incapacity law.
Financial support is already in place to obtain a Power of Attorney in circumstances where an individual may not otherwise be able to afford it. Legal aid may be available to support the cost of a solicitor drawing up a Power of Attorney and individuals may be able to claim a fee in relation to registering their Power of Attorney with the Office of the Public Guardian.
The Scottish Government is considering plans to deliver the commitment to temporarily reduce the power of attorney registration fees within this parliamentary term and will engage with relevant stakeholders to do so.