Good to see the that the Office of the Public Guardian in Scotland has issued a policy document that is both practical and pragmatic on amendments to a registered power of attorney.   This policy will come into force on 1 January 2012.

“The Adults with Incapacity (Scotland) Act 2000 is silent on whether it is permissible to amend a power of attorney deed once registered. The Public Guardian has taken the view that an amendment sought by a capable granter is permissible. The Amendment Policy constitutes the Public Guardian’s approach to the management of amendments to powers of attorney.

• In short, a minor administrative amendment to a power of attorney document, e.g. a change of name or address, which requires no capacity test, will be free of charge.
• Any amendment which requires proof of continuing capacity i.e. because there is a change requested to the primacy of the deed, will incur a fee of £70.”

The policy document can be found here.