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Scottish and English powers of attorney compared

Potential cases of abuse could be considerably lessened if English LPAs adopted some of the differences of the Scottish system, says Ann Stanyer

15 August 2016

The 2015 revision to the format and procedure for creating and executing English lasting powers of attorney (LPAs) has brought into focus the differences between the English and Scottish systems.

There is much to be said for the Scottish form, which arguably provides greater protection for clients. A brief résumé of the major differences shows how English LPAs could be improved so as to provide greater security and peace of mind to English clients and reduce the instances of abuse
of the elderly.Combined form

In Scotland there are three types of power of attorney:
a continuing power of attorney, which confers property or financial powers only; a welfare power of attorney, which confers welfare powers; and
a combined power of attorney with all of the powers of the other two, in one document. These are created by individual solicitors who advise on the form suitable ...

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