Scott Rae sets out the Scottish provisions for Continuing Powers of Attorney which may be the model for future reform in England and Wales
(taken from Issue No 19 – April 2002 The provisions of the Adults with Incapacity (Scotland) Act 2000 (`the 2000 Act`) relating to Continuing Powers of Attorney and Welfare Powers of Attorney in Scotland came into force on 2 April 2001 and this Article will look at some of the practicalities which have come to light during the first year.
Introduction
Firstly, however, it may be appropriate to consider some general background on this new Act which was one of the first substantive pieces of legislation by the new Scottish Parliament after devolution. The Act makes a number of provisions for `adults` in Scotland who are `incapable`. Adults in Scotland mean those over 16, and `incapable` in the Act is defined in s.1(6) as meaning incapable of
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The Trust Quarterly Review is published in partnership with STEP, it discusses matters of interest to trustees and executors with a focus on the particular interests of trust corporations in mind
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