Frequently Asked Questions


Login/Passwords

Q I have forgotten my password, how do I get a new one?
A In the login screen select the reset password button and a new password will be sent to your registered e-mail address. When you log back in using the new password you will be requested to change the password to one of your own choice.

Q My account is locked, how do I get it unlocked?
A If you are user with an Agent, your Agent Administrator will be able to unlock your account for you. If you are an individual or your Agent Administrator is not available an OPG Administrator can unlock your account for you. Send a request to epoar@scotcourts.gov.uk

Q I am an Agent Administrator and I have locked myself out of my account, how do I get it unlocked?
A It is best practice to have more than one Agent Administrator so that if you do lock yourself out, the other Agent Administrator can unlock your account for you. Alternatively an OPG Administrator can unlock your account for you. Send a request to epoar@scotcourts.gov.uk

Registrations

Q What information is required to complete a registration?
A The following information is required to complete registration:
  1. Agree to Statutory Requirements
  2. Granter’s name, address and contact details
  3. Sender’s name, address and contact details
  4. Attorney(s) name, address and contact details
  5. Specified person(s) name, address and contact details
  6. A scanned copy of the signed Deed in PDF format.
  7. A credit or debit card

For a more detailed step by step instruction on the registration process, please refer to the user manuals found on the EPOAR homepage.

Q Why does a date of birth need to be supplied for the Granter?
A The Adults with Incapacity (Scotland) 2000 Act states that a person granting a Power of Attorney requires to be over the age of 16. Providing the Granter’s date of birth allows EPOAR to verify the Granter’s age. It also allows the Public Register to be more accurate and more easily searched.

Q Are the registration requirements the same for Electronic submissions and Paper submissions?
A Yes, Registration requirements are the same and applicable in all cases, regardless of submission method.

Q Can I withdraw an application once it has been submitted to the OPG?
A Yes, in certain circumstances, for example the death of the granter, the application can be withdrawn before it is registered. Contact OPG for further information.

Q An attorney normally signs the clerical registration form to confirm that they are willing to act as attorney, how is this confirmed on EPOAR?
A EPOAR has a section that has to be completed for Statutory Requirements and one of the requirements is that the named Attorney(s) is/are willing to act in terms of the Power of Attorney. It is highly recommended that a record is kept of how and when the attorney confirmed their willingness to act so that if need be it can be relied upon future.

The Public Guardian reserves the right at any time to call upon evidence of the attorney’s consent to act. It is therefore essential that satisfactory evidence of this is retained on record. This will either be a statement to that effect signed by them, or an email communication or similar. The Public Guardian will have the final decision on whether such evidence is sufficient to allow registration.


Q Can the Public Guardian ask to see the original Power of Attorney document?
A Yes. The Public Guardian reserves the right at any time to ask for sight of the original Power of Attorney deed and statutory certificate.

Q The attorney is a company, how do I input the name details?
A An example of how to set out the name of a company who are an attorney is as follows:
  • Title: Other
  • Title if Other: The
  • First name: Test
  • Middle name: Trustees
  • Surname: Limited
  • Sex: Other

Q I’ve uploaded the wrong deed, what do I do?
A If you notice before moving on to the payment screen, it is easy to fix. Simply click on browse again and select the correct deed. If you notice after the registration has been submitted to the OPG you must notify us in writing that the registration is to be rejected. Once this is confirmed on the EPOAR system you can resubmit the correct registration and pay for it using the transfer of payment function.

Q Why is it important that I check that the data input to EPOAR is accurate?
A While there is lots of on screen guidance and validation to assist, it is highly recommended that before moving on to make payment that a check of the data input is made. This is important because after payment is made there is no opportunity to correct any mistakes.

The data input by the User to EPOAR is migrated to the OPG’s own computer system and populates fields there like for like. It is from these fields that the Public Register is updated upon registration and the certificate of registration generated.


Q I’ve made payment and the registration has been made to OPG but I have now noticed an input error that needs correcting. What do I do?
A Once payment is made the data input by the User is ‘locked-in’ to EPOAR and cannot be changed. If you spot a mistake thereafter, please notify OPG in writing and we can make the necessary change prior to the certificate of registration being generated. If registration has taken place at OPG, again please get in touch in writing and we can make the necessary change retrospectively and issue a new certificate if required.

Q Should data be input to EPOAR in upper or lower case?
A OPG recommends using the normal conventions of writing. If all upper case is used, the certificate of registration will be similarly populated with names in all capital letters.

Q Will pressing the cancel button erase what I have input on the page?
A No. The cancel button returns you to a previous screen.

Q What is a specified person?
A The Adults with Incapacity (Scotland) Act 2000 provides that the granter of a power of attorney may specify up to two persons whom they would wish to receive a copy of the deed from the Public Guardian after it has been registered. In most instances the specified person(s) will be an attorney but it can be anyone specified by the granter. The important thing to note is that the specified person(s) must be named by the granter as such within the power of attorney deed.

Fees

Q Is there a different fee for registering a Power of Attorney using EPOAR?
A No the fee is still £77.00.

Q I will be submitting more than one application can I make a bulk payment?
A Yes, the maximum number of payments allowed in the bulk payment facility is 20.

Q I have withdrawn my application how do I get the fee refunded?
A Email epoar@scotcourts.gov.uk with the details of the case (including reference), the value of the refund requested and the reason for the refund. Please note that refunds can only be authorised up to the value of the original payment and must be made to the same card from which the original payment was taken.

Q What happens to the payment I made on a registration that has been rejected?
A There is the facility to transfer the original payment so that it is recorded against the new registration. If no new registration is submitted the fee can be refunded.

Rejections

Q What happens if my Power of Attorney is rejected, and can I resubmit a new deed on the original registration?
A You will be advised by email of the reasons for rejection. Once you have made the necessary changes you will need to restart the registration process from the beginning, it is not possible to resubmit a new deed on the original registration.

Q The Power of Attorney was returned to me for correction, do changes to the deed require to be initialled?
A Yes. Any alterations made to the Power of Attorney including the insertion of new pages must be initialled by the Granter. Any changes made to the certificate must be initialled by the person who signed it. It is important to ensure therefore that all alterations are appropriately initialled before resubmitting the Power of Attorney for registration. You will have to confirm this when agreeing the statutory requirements within the EPOAR system.

Certificates

Q Will I receive a paper copy of the Power of Attorney certificate?
A No, an electronic copy of your certificate will be sent to the EPOAR system. Thereafter you will be able to log in and print off the required copies

Q How will banking institutions recognise the new look certificates?
A We have liaised extensively with organisations that may be presented with the new Electronic certificate and have made them aware of the new format.

Q What verification procedures do banks have to establish that my certificate is valid?
A EPOAR has an online verification facility that allows organisations presented with an electronically produced certificate of registration to verify that the deed has been registered with OPG. Any queries regarding the validity of a certificate should be raised with OPG.

Q Does the Certificate of Registration which is downloaded from EPOAR need to be certified a true copy?
A Yes. The granter of the Power of Attorney, a solicitor, stockbroker or a person authorised for the purposes of the Legal Services Act 2007 must sign each page of the document certifying it a true copy. The Public Guardian recommends that the following wording is used:
  • Certificate at the end of each page: “I certify this page to be a true and complete copy of the corresponding page of the original Instrument.” Signature of one of the above classes of person is added.
  • Certificate at end of complete copy: “I certify the foregoing reproduction to be a true and complete copy of the original Instrument.” Signature, name, date, designation/profession and address of one of the above classes of person is added.

Q What margin sizes should be applied to the header and footer of the POA deed?
A To accommodate information that OPG inputs to the copy deed as part of the certificate of registration, it is recommended that margins of at least 3.5cm are applied.

Agent Users

Q What happens when I register my firm as a new Agent on EPOAR?
A The person registering must agree to the terms and conditions of using EPOAR on behalf of the firm. Please note that the person who initially sets up the Agent automatically becomes an Agent Administrator by inputting their details in the User fields when registering. If it is determined that someone else is to have an Agent Administrator role, the original Agent Administrator will require to log in and create that person in that role. Further guidance is provided in the Agent User Manual.

Once your firm is registered as an Agent on EPOAR, the Agent Administrator will be able to login and create other User accounts including, where appropriate, additional Administrators (it’s recommended that there is more than one).


Q What are the benefits of having more than 1 Agent Administrator?
A It is best practice to have more than one Agent Administrator, if you have locked yourself out of your account they will be able to unlock you. Also they will be able to deal with any issues that Agent Users have in your absence.

Q Why should I create a contact template and what are the benefits?
A To save time when entering the details of a frequently used Sender or Attorney, a Contract Details template can be created to store their information. This can later be used to auto complete the appropriate sections within the registration process.

Q How do I search for applications that I have submitted?
A When you log into EPOAR you are automatically taken to the registrations screen. In here you can enter the appropriate search criteria and click on the search button. Any results matching your requirements will be displayed.

Q I want to create additional users within my Agent, however when I select the create button it’s the registration screen that appears.
A To create users within an agent you must select My Agent first and then select the create button.

Q My secretary usually completes the registration form on my behalf, can she/he still do this within EPOAR?
A Yes, the Agent Administrator would create your secretary as a data entry user on EPOAR and when she/he has created a registration there is an option for them to move the status of the registration to awaiting check. This will allow you to check the application before payment and submission to OPG.

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