Powers of Attorney and Future Planning
Power of Attorney in Scotland: What Happens After Death?
Learn what happens to a Power of Attorney after death in Scotland, how an attorney differs from an executor and who manages the estate next.
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- 13 minutes
- Last updated
Does Power of Attorney end when someone dies in Scotland?
Yes. A Power of Attorney ends when the granter dies. The attorney's authority under that document does not continue so that they can administer the deceased person's estate. The Office of the Public Guardian (Scotland) says that it must be notified in writing of the granter's death and provided with a copy of the death certificate.
Responsibility for dealing with the estate then belongs to the executor, or to another person who obtains the necessary legal authority. An attorney and an executor can be the same individual, but they are separate roles arising from different documents and operating at different times.
Legal-information notice: This guide gives general information about Scotland. It is not legal advice and cannot determine who has authority in a particular estate. WillWise does not create Powers of Attorney, wills or executor appointments, and does not administer estates.
What can an attorney do before the granter dies?
A Power of Attorney is a legal document in which the granter gives specified powers to an attorney. The document, its activation terms and Scots law determine what that attorney may do. It is not a general permission to take any action that seems helpful.
Scottish terminology differs from that used elsewhere in the UK:
- A Continuing Power of Attorney can cover financial and property matters. Depending on its wording, continuing powers may be usable while the granter has capacity and can continue if capacity is lost.
- A Welfare Power of Attorney can cover personal-welfare decisions and operates only when the granter is incapable in relation to the decision concerned.
- A Combined Continuing and Welfare Power of Attorney contains both types of power, although their starting conditions may differ.
The Adults with Incapacity (Scotland) Act 2000 provides the statutory framework. The Office of the Public Guardian's guidance for attorneys emphasises acting within the powers granted, supporting the granter's own decision-making, considering their wishes and keeping appropriate records. A continuing attorney must keep the granter's money and property separate from their own.