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Powers of Attorney: The Scottish Context

Following on from previous articles by Heather Redman (Jan/ Feb 1998) and Andrew Komarnycki (May/June 1998) the writer thought that the position of the Attorney in Scotland may be of interest to readers.

1 September 1998

Powers of Attorney - The Scottish Context

Following on from previous articles by Heather Redman (Jan/ Feb 1998) and Andrew Komarnycki (May/June 1998) the writer thought that the position of the Attorney in Scotland may be of interest to readers.

This article considers the position of the individual appointed as an Attorney under Scottish Law and the changes that have taken place in the last decade.

It maybe be useful for comparison purposes to briefly consider the position as the writer presently understands it in England.

Under English law, any person with the capacity to do so may appoint an Attorney to act on his or her behalf, with or without specific restrictions.

An individual can grant not only a general Power of Attorney (similar to those formerly operative in Scotland) but also an enduring Power of Attorney, which continues to operate should the grantor become incapacitated. This latter form of Power of Att...

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