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Power of Attorney (PoA) applications in Scotland are registered with the Office of the Public Guardian (OPG), which is a part of the Scottish Courts and Tribunals Service (SCTS). The SCTS is an independent body corporate and was established by the Judiciary and Courts (Scotland) Act 2008. The SCTS is not directly answerable to the Scottish Government, but rather has its own board, chaired by the Lord President.

Once a PoA is registered with the OPG, concerns about its use are generally addressed through investigation or civil court action, such as seeking removal of the attorney or appointment of a guardian. The OPG does not hold data on the number of civil court action cases brought to contest in the last three years, as it is not formally notified of them.

The Scottish Government (SG) has acknowledged that, while the current system for Powers of Attorney (PoAs) generally functions well, certain elements require improving and updating.

In January SG published analysis of responses to a consultation on proposals for reform of the Adults with Incapacity Act, including PoAs.

SG are now considering those responses and working towards modernising the AWI Act, taking forward recommendations from the Scottish Mental Health Law Review.

Officials from the Scottish Government last met with colleagues from the Office of the Public Guardian in relation to powers of attorney on 3 October 2023. This was to discuss recommendations from the Scottish Mental Health Law Review.

Lasting Powers of Attorney is an English term which refers to two separate legal documents – one for property and financial affairs, and one for health and welfare. In Scotland, the equivalent arrangement is called a Power of Attorney (PoA), which can combine continuing (financial) and welfare powers into a single document.

Last year the Scottish Government published a consultation seeking views on proposed changes to the Adults with Incapacity (Scotland) Act 2000. The consultation opened on 25 July 2024 and closed on 17 October 2024. Part 2 of the consultation related to changes to continuing and welfare powers of attorney. The Scottish Government published analysis of consultation responses on 25 January 2025.

The Scottish Government (SG) has acknowledged that, while the current system for granting Powers of Attorney (PoAs) generally functions well, certain elements require improving and updating.

In January SG published analysis of responses to a consultation on proposals for reform of the Adults with Incapacity Act, including PoAs.

SG are now considering those responses and working towards modernising the AWI Act, taking forward recommendations from the Scottish Mental Health Law Review.

Over the last three years, the Scottish Government has provided the Scottish Assembly with £425,136 to build capacity via our leadership and engagement framework and £316,349 of core funding via our Inspiring Inclusion charity portfolio over the last 4 years. Both of these funds are managed and distributed by fund manager, Inspiring Scotland.

Inspiring Scotland offer management consultancy services to the Scottish Assembly’s executive team and Board and provide intensive support where needed. This includes support to explore alternative funding and income streams aimed at long term sustainability of the organisation.

The Assembly will receive £107,152 in the first six months of 2025-26, with bids for three year funding from the Learning Disability Support Fund currently being considered. We expect successful bids to be confirmed in May 2025, with funding starting in October 2025.

Social Security Scotland holds information at an individual level on clients who have been granted an indefinite award of Adult Disability Payment, but does not currently collate this information into a total figure.

Social Security Scotland will continue to review and prioritise any new statistics produced and will take account of users’ needs when developing future publications, in line with Code of Practice for Statistics.

Social Security Scotland routinely publishes statistics on all benefits, including Adult Disability Payment. The latest Adult Disability Payment official statistics publications can be found at: https://www.socialsecurity.gov.scot/publications/statistics.

The Scottish Government thanks the Scottish Human Rights Commission for their report on independent living in Scotland.

A Bill to update and modernise the Adults with Incapacity Act is expected to be introduced during the 2024-25 parliamentary year. A consultation on proposed amendments ran between July and October 2024, with analysis of the responses due to be published later this month.