Public register

The Public Register

  • Finding out if information is contained in the register

  • You should make your request in writing to us and provide as much personal information as possible about the person who is the subject of the search for example, names, known addresses, date of birth etc. as this will make it easier to search the register. There is no charge for this service.

  • Arrangements for local authorities

  • We let the relevant local authority know when we have registered a welfare PoA or welfare guardianship.

    Local authority officers must therefore check with their own central office for any welfare appointments for adults living in their area, before contacting us. Any attorney or guardian should be able to produce a copy of their certificate which includes the powers they have been granted. If a copy of the document is required this can be obtained from us.

    We can advise the nominated contacts at the local authority of the presence, or otherwise, of a financial appointment.

Register of International Measures

  • This register contains international measures made under the law of a country other than Scotland for the personal welfare, or the protection of property of an adult with incapacity. By ‘international measure’ we mean a measure taken by the country as opposed to by the individual themselves, for example, the equivalent of a Scottish guardianship order.  An ‘international measure’ does not include a foreign power of attorney as it can be exercised in Scotland without any other endorsement process being required. See here for more information.

Making an application to the sheriff court

  • To apply to register an international measure you will need to make a summary application to the sheriff court. As this is a court process it is recommended that you speak to a legal adviser. Schedule 3, sections 7 & 8 of the Adults with Incapacity (Scotland) 2000 Act and the Act of Sederunt (Amendment) 2003 provide more information on what is involved. The Sheriff Clerk can also provide further information on the application process.

  • Your summary application should include an original copy or certified copy of the international measure e.g. Court of Protection order, etc. plus any English translation if needed. The translation must be certified as correct by a qualified translator.

On receipt, the sheriff court will send a copy of your application to:

  • The adult, where appropriate
  • The Scottish Central Authority and Mental Welfare Commission for Scotland, where appropriate
  • The Public Guardian
  • Any other person considered appropriate.

Our role

  • When the Sheriff orders an international measure to be registered, we will be notified as we have a statutory duty to hold and update the register, and make this information and documents available to the public.

  • If you wish to access the information held on the international register you should make your request in writing to us and provide as much personal information as possible about the person who is the subject of the search for example, names, known addresses, date of birth etc. as this will make it easier to search the register. There is no charge for this service.