If you heard us discussing Powers of Attorney (PoA) on BBC Radio Scotland recently, you'll have heard one listener mention the current registration times of 12 to 14 months in Scotland. Unfortunately, for routine applications, that's still broadly where things stand.

While these delays aren't ideal, no one should let this put them off putting a Power of Attorney in place.

A reminder: two types of PoA

A Power of Attorney allows you to appoint someone you trust to make decisions on your behalf if you're no longer able to do so yourself.

In Scotland, there are two types: a Continuing Power of Attorney, covering financial matters, and a Welfare Power of Attorney, covering decisions about your health and personal welfare. Most Scottish Powers of Attorney combine both into a single document - a Combined Power of Attorney. We've covered the different types in more detail on our Power of Attorney page.

We've also been pleased to work with Martin Lewis in raising awareness of Powers of Attorney and highlighting that Scotland's registration system has fallen behind that of England and Wales. However, regardless of the timescales, having one in place remains one of the most sensible pieces of planning you can do.

Why is PoA registration taking so long?

The backlog is the result of several factors.

Like many public services, the Office of the Public Guardian was affected by the pandemic. It has also introduced a new case management system, while also dealing with a significant increase in the number of Power of Attorney registrations.

This final point is actually encouraging. More people are recognising the importance of planning ahead, even if it has created additional pressure on the system.

The good news is that preparing a Power of Attorney is usually far quicker than people expect - especially if you use a solicitor who is experienced in these matters. In most cases, the document can be drafted and signed within a few days or weeks, or even sooner if circumstances require. It's the registration process that currently takes time, not the preparation of the paperwork itself.

Why you shouldn't wait

We generally recommend that everyone over the age of 50 has a Power of Attorney.

It's not simply about growing older or developing dementia. An accident, stroke or sudden illness can leave someone temporarily or permanently unable to manage their finances or make important decisions.

The reality is that most Powers of Attorney aren't used until many years after they're registered. Having one in place doesn't mean your attorney immediately takes over your affairs; it simply means the document is there if it's ever needed.

One important point is that drafting a Power of Attorney isn't enough.

A signed document sitting in a drawer, or buried somewhere on your laptop, has little value if it hasn't been registered. Registration is what gives it legal effect, so don't stop once the paperwork has been prepared.

What if you need a PoA urgently?

Although routine registration is taking around 12 to 14 months, there is an expedited process for genuinely urgent cases.

This may be appropriate where:

• the granter has lost capacity and urgent decisions need to be made;
• they have been admitted to hospital and immediate action is required;
• they need to be discharged from hospital with a care package or move into a care home;
• there is a risk of financial harm because bills or care fees cannot be paid; or
• a financial assessment is required following discharge from hospital.

We've known urgent registrations to be completed within hours in exceptional circumstances. However, more commonly, an expedited application can be processed in around 10 days - but this is for genuine emergencies only. 

Don't delay

A Power of Attorney can only be granted while the person making it fully understands what they're signing and is acting of their own free will.

As solicitors, we must be satisfied that our client has the necessary mental capacity. If there's any doubt, a GP or another suitably qualified healthcare professional may also be involved.

If capacity has already been lost, it may simply be too late to grant a Power of Attorney.

Make a PoA today

Routine registration in Scotland is taking longer than anyone would like, but that shouldn't discourage you from putting a Power of Attorney in place.

For most people, the document won't be needed for many years, if at all, so registering it now and waiting for it to be processed is rarely a cause for concern. And if circumstances do change unexpectedly, there is an established process for urgent registration where it's genuinely needed.

The important thing is not to wait until it's too late. Getting your Power of Attorney drafted and registered today is far easier than trying to deal with matters in the middle of a crisis.