You sat down with your solicitor, thought carefully about who you trust, and signed your
Power of Attorney. It feels as though the job is done. Then you are told that the document cannot be used until it has been registered with the Office of the Public Guardian, which could take a year or more.

What the Office of the Public Guardian actually does

The Office of the Public Guardian, or OPG as it is usually known, is based in Falkirk and forms part of the Scottish Courts and Tribunals Service. It was established in 2001, when
the law on adults with incapacity came into force, to protect adults who cannot manage their own financial affairs.

Registering Powers of Attorney is the part most people encounter, but it is only one function. The OPG also:
 

ü Maintains the public registers of Powers of Attorney, guardians and interveners 

ü Supervises financial guardians, checking inventories, management plans and annual accounts

ü Operates the Access to Funds scheme, allowing a named person to access limited funds without a full guardianship

ü Investigates concerns where an adult’s property or finances appear to be at risk

It is just as useful to know what the OPG does not do.

û It does not draft your Power of Attorney, which is your solicitor’s job.

û It does not grant Guardianship Orders, which are made by the sheriff court.

û Welfare guardians are supervised by the local authority.

û And it will not check a document before you submit it, because the checking happens during registration itself.

A Continuing and/or Welfare Power of Attorney has no effect until the OPG registers it. Banks, care homes and pension providers will want to see the registration certificate. Until it exists, your Attorney can do nothing.

Where the waiting times currently stand

The OPG publishes regular updates showing which submissions it is working through.

As at September 2026, the OPG were reviewing documents submitted to them electronically more than thirteen months ago, with postal submissions running at around ten and a half months behind.

The gap between the two routes shifts, so neither is reliably quicker.

The backlog is not the result of anything you or your solicitor has done. The OPG has been open about the causes: the pandemic, a sharp rise in the number of people granting Powers of Attorney, and an ageing case management system that needed replacing. A new system went live in early 2025, with further phases to follow.

Progress is being made, but slowly. Always check the OPG’s published position rather than a figure quoted in an article, including this one.

What causes avoidable delay

Because the OPG cannot check a document before you send it, an error found at registration means the application will be returned. That will not set you back just a few days - it means starting again at the back of a long queue.

The OPG publishes guidance on the errors it sees most often, and they are usually small things: signatures completed in the wrong order, missing dates, a certificate not properly completed. A carefully prepared document is the best protection against delay.

It is also worth resisting the urge to chase. The OPG has asked people not to telephone for status updates because dealing with those enquiries pushes the work back.

Can you ask for a Power of Attorney to be dealt with urgently?

Yes, in the right circumstances. The OPG operates an expedited registration service at no additional charge.

The service exists for genuine urgency rather than general impatience. The examples the OPG gives include cases where the granter:

• Has lost capacity and urgent decisions need to be taken
• Has been admitted to hospital and urgent action is required
• Needs to move from hospital into a care home or home with a care package
• Is at risk of financial harm because bills or care fees cannot be paid
• Has been discharged from hospital and faces a financial assessment

A specific form must be completed and submitted. If granted, registration normally follows within about five working days, although recent demand means it’s currently closer to ten. Requests can be refused, and you will be told if that happens.

Note: For electronic submissions the Power of Attorney must be submitted and the registration fee paid before a request to expedite will be considered. 

How Paris Steele Can Help

The waiting times are frustrating, however, granting a Power of Attorney while you are fit and well means the long wait happens quietly in the background, before anyone needs the document.

Our Private Client team prepares Powers of Attorney for families across East Lothian and beyond. We take time to understand your circumstances, make sure the document says what you want it to say, and see that it is signed and submitted correctly so it is not returned.

If you have a Power of Attorney already with the OPG and circumstances have changed, we can advise on whether an expedite request is appropriate. If capacity has been lost and a Guardianship Order is the only route left, we can guide you through that too.

Call our North Berwick office on 01620 892138 or our Dunbar office on 01368 862746 or get in touch through our website.

This article is provided for general information purposes only and is not intended to constitute legal advice. The information contained in this article is accurate to the best of our knowledge as at the date of publication. As laws, regulations, guidance, and other relevant information may change over time, the content of this article may no longer reflect the current position.

The information contained herein may not apply to your specific circumstances and should not be relied upon as a substitute for professional legal advice.

If you require advice about your own situation, we recommend that you seek advice from a qualified solicitor. If you would like to discuss your circumstances or find out how we may be able to assist, please do not hesitate to contact our team for advice tailored to your individual needs.