If a parent develops dementia without a power of attorney, nobody in the family has automatic legal authority to manage their money or make welfare decisions for them, even a spouse or adult children. Depending on what is needed, you may have to use the Office of the Public Guardian's Access to Funds scheme or apply to the sheriff court for an intervention order or guardianship order.
The good news is that a diagnosis is not always the end of the road for a power of attorney. This guide explains what to check first, the options available in Scotland and the practical steps to take.
Step one: check whether your parent still has capacity
A dementia diagnosis does not automatically mean a person lacks capacity. Capacity is decision-specific and can fluctuate. Under the Adults with Incapacity (Scotland) Act 2000, a person lacks capacity if they cannot act, make a decision, communicate it, understand it or remember it.
If your parent can still understand what a power of attorney is, what powers it gives and who they are choosing, they may still be able to grant one. A solicitor or registered medical practitioner must certify that they are satisfied the person understands. If there is doubt, the certifier may ask for a medical opinion.
Act quickly: if there is any chance your parent can still grant a power of attorney, contact a solicitor straight away. A power of attorney costs a fraction of a guardianship application and takes weeks rather than months. Registration with the Office of the Public Guardian costs £99 from 1 April 2026.
What you cannot do without legal authority
- Access their bank accounts in their sole name, even to pay their bills.
- Sell or rent out their home, or deal with investments.
- Sign contracts on their behalf, such as a care home agreement, in a way that binds them.
- Make welfare decisions, such as where they live, if they object or if the decision needs legal authority.
Joint bank accounts may continue to operate depending on the bank's mandate, but banks can restrict an account once they know a holder has lost capacity. Speak to the bank before relying on a joint account.
Your options in Scotland
1. Benefit appointee
If your parent's main income is benefits or the State Pension, you can ask the Department for Work and Pensions to appoint you to manage them. For benefits paid by Social Security Scotland, such as Pension Age Disability Payment, apply to Social Security Scotland. An appointee can only deal with those payments, not savings or property.
2. Access to Funds
The Office of the Public Guardian's Access to Funds scheme lets an approved "withdrawer" transfer agreed amounts from one of the adult's current accounts into a designated account to pay their bills and living costs. It can also cover agreed one-off sums, such as care home arrears or equipment. Key points:
- A copy of the application is sent to your parent, their nearest relative and primary carer, and anyone with an interest, who have 21 days to object.
- If there are no objections, the OPG aims to grant authority within 25 days.
- Authority usually lasts three years.
- Registration costs £110 from 1 April 2026.
Access to Funds is designed for straightforward day-to-day finances. It is not suitable for selling property or managing investments.
3. Intervention order
If a single decision or transaction is needed, such as selling your parent's house to pay for care, you can apply to the sheriff court for an intervention order. It authorises that specific action only. The application needs medical evidence, and the order must be registered with the OPG.
4. Guardianship order
If ongoing decisions are needed over money, welfare or both, a guardianship order may be required. A relative or the local authority applies to the sheriff court with two medical reports and a mental health officer's report for welfare powers. Financial guardians are supervised by the OPG and must keep accounts. The process often takes several months, so start early. Our guide to power of attorney and guardianship compares the two in detail.
5. Care homes and hospitals
Under Part 4 of the 2000 Act, some care homes and hospitals can be authorised to manage modest funds for residents who lack capacity. This is limited and is not a substitute for guardianship where significant assets are involved.
What about care and medical decisions?
Doctors can treat a patient who lacks capacity under a certificate of incapacity issued under section 47 of the 2000 Act, after consulting family where practicable. Local authorities can also arrange community care services, including a care home placement, for an adult who cannot consent, under section 13ZA of the Social Work (Scotland) Act 1968, provided the adult does not object and the decision benefits them. Where there is disagreement or the adult resists, a welfare guardianship order may be needed.
Practical steps to take now
- Speak to a solicitor about capacity and whether a power of attorney is still possible.
- Gather information: bank accounts, pensions, property, bills and benefits.
- Contact the GP about a capacity assessment if one is needed for an application.
- Apply to become an appointee for benefits if your parent relies on them.
- Choose the right route: Access to Funds for simple finances, an intervention order for one decision, or guardianship for ongoing authority.
- Plan for yourself: many families put their own powers of attorney in place after going through this process.
Our independent ranking of power of attorney and guardianship solicitors in Glasgow compares firms with experience of capacity assessments, intervention orders and guardianship applications.
Frequently asked questions
Can I manage my parent's money if they have dementia?
Not automatically. Without a power of attorney, you need legal authority such as Access to Funds, an intervention order or a guardianship order, or appointee status for benefits.
Is it too late to get a power of attorney after a dementia diagnosis?
Not necessarily. If your parent can still understand the document and what it means, a solicitor or doctor may be able to certify it. Act as quickly as possible.
How much does Access to Funds cost in Scotland?
The Office of the Public Guardian registration fee for Access to Funds is £110 from 1 April 2026. Solicitor fees are extra if you use one.
Can I sell my parent's house to pay for care without a power of attorney?
Only with court authority, usually an intervention order or a guardianship order with financial powers. Access to Funds does not cover selling property.
Who decides whether my parent moves into a care home?
If your parent lacks capacity and does not object, the local authority can arrange care under section 13ZA of the Social Work (Scotland) Act 1968. Where there is disagreement, a welfare guardianship order may be needed.
How long does guardianship take in Scotland?
It varies, but the process often takes several months because medical and social work reports must be obtained before the sheriff court can decide.
Conclusion
So, what happens if a parent develops dementia without a power of attorney? The family has no automatic authority, so you may need to use a benefit appointeeship, Access to Funds, an intervention order or guardianship. First, check whether your parent can still grant a power of attorney, because it is by far the simplest route.
For help choosing the right route, compare the leading power of attorney solicitors in Glasgow.