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NEWS
The Office of the Public Guardian (OPG) (Scotland) has announced increased remuneration rates for financial guardians, applicable to accounts due and lodged after 1 April 2026. For first accounts, rates range from 5.25% for estates up to £100,000 to 3.00% for estates exceeding £1m, with maximum awards varying from £5,250 to £33,500 depending on the estate’s value bracket. Second and subsequent accounts will attract lower rates, ranging from 4.75% to 2.75, with corresponding maximum awards reduced accordingly. In addition, the upliftment payment rate will increase to £160 per hour, capped at 10% of the adult’s estate value at the close of the accounting period (excluding heritage property where the adult resides).
NEWS
The Office of the Public Guardian (OPG) Scotland has announced that the remuneration rates for financial guardians will increase for accounts due and lodged after 1 April 2024.
NEWS
The Office of the Public Guardian (OPG) (Scotland) has launched its testing phase for a new power of attorney (PoA) case management system. The aim is to improve present PoA processing times. Given that staff will be in the testing and training environments, the OPG Scotland acknowledges response times to enquiries may be impacted and apologises in advance for any inconvenience the delay may cause. It is expected that this critical test phase will take place over the next six to eight weeks.
NEWS
The Office of the Public Guardian (OPG) Scotland has published new guidance on how it will interpret words and phrases in powers of attorney. This is in response to uncertainties over the drafting of certain powers of attorney, in particular where multiple attorneys are appointed and what is to happen when an attorney resigns, loses capacity or dies. Questions have arisen as to the operation of such powers of attorney, and also in which circumstances they come to an end. The guidance aims to clarify how the OPG Scotland will treat such powers of attorney.
NEWS
The Office of the Public Guardian (OPG) Scotland has stated that the remuneration rates for financial guardians will increase for accounts due and lodged after 1 April.
NEWS
The Office of the Public Guardian (OPG) Scotland has reduced the fee payable when a partial revocation is registered. From 3 June 2024, a fee of £27 will be payable for the provision of a new certificate and copy of the power of attorney document. This applies to partial revocations subscribed on and after 30 October 2023.
NEWS
The Office of the Public Guardian (Scotland) (OPG) has retracted its decision that the sum of remuneration awarded to professional financial guardians is inclusive of VAT, announced on 29 September 2021. Following discussions with the Law Society’s Mental Health and Disability Sub-Committee, the OPG has agreed that professional financial guardians can continue to claim VAT in addition to the sum of remuneration awarded, and it will be approved by the office. The OPG acknowledged the valuable work financial guardians carry out for incapable adults across Scotland who have no family members able to step into this role and apologised for any confusion caused.
NEWS
The Office of the Public Guardian (OPG) has updated its annual reports collection to include the annual report and accounts for 2024–25. Designated HC 1078 and covering the period from 1 April 2024–31 March 2025, the report was laid before Parliament on 17 July 2025 in compliance with legislative requirements and details OPG's funding sources and expenditure.
NEWS
The Office of the Public Guardian (OPG) has announced revisions to lasting power of attorney (LPA) registration fees, which will take effect from 17 November 2025. The standard registration fee will increase and the remission fee for eligible individuals will rise from £41 to £46. These changes apply to both property and financial affairs LPAs as well as health and welfare LPAs. To reflect these updates, the OPG has revised several key documents, including the LP12 guide for making and registering LPAs, the LP2 registration form, the LP120 fee schedule, forms LP1F (financial decisions) and LP1H (health and care decisions), and the complete registration packs for both types of LPAs.
NEWS
The Office of the Public Guardian (OPG) has published guidance outlining the legal framework for Court of Protection deputies regarding family care payments. The document provides the Public Guardian's perspective on how deputies should approach these payments, also known as gratuitous care payments, and details specific factors to consider when determining payment levels.
NEWS
The Office of the Public Guardian (OPG) has published guidance on Court of Protection visitors and the circumstances under which their reports can be released. The guidance clarifies that these visitors report independently to both the Public Guardian and the Court of Protection and will be assisting in the supervision of deputies and investigating concerns about deputies or attorneys.
NEWS
The Office of the Public Guardian (OPG) has published its annual report and accounts for 2023 to 2024. The number of applications to register lasting powers of attorney (LPAs) increased to 1.37m, up from 1m during 2022 to 2023. The average time to register and dispatch LPAs and EPAs fell to 76 working days from 91 in the previous year. Despite these high volumes and pressures, the OPG has also reduced the backlog and customer waiting times. The OPG further highlighted the Powers of Attorney Act 2023 which gained Royal Assent on 18 September 2023 and expressed that progressing modernisation plans will remain a focus of the next financial year. The next step is to finalise the necessary secondary legislation and to further test the service to ensure it operates effectively.