Power of Attorney 1

Updated 18/09/2014

The Office of the Public Guardian today issued the following statement on its website:-

"Further to the opinion expressed by Sheriff Baird, which cast doubt on the validity of powers of attorney drafted in what is a standard form, the Public Guardian has instructed detailed legal advice on the most appropriate option to achieve clarity on this. The Public Guardian wishes a procedure which gives an opportunity for PoA validity issues to be fully explored."

We will continue to advise of developments on this matter which potentially affects hundreds of thousands of registered Powers of Attorney but in the meantime, should you wish any advice or guidance on your own power of attorney, please contact Kenneth Pinkerton.

Updated 06/08/2014

The Office of Public Guardian (OPG) have issued a statement to the Law Society of Scotland as follows:

"The Public Guardian has been made aware that the Clydesdale Bank has decided not to pursue its appeal against the decision of the Sheriff at Glasgow. The Public Guardian is conscious that the decision raised a number of issues, including that of the validity of the power of attorney in question. The Public Guardian is in the course of making an application to Glasgow Sheriff Court under s.3 of the Adults with Incapacity (Scotland) Act 2000 in order to obtain directions from the Sheriff on a number of those issues. The Public Guardian does not expect to comment further while that application is pending."

Click here for the full update from the Law Society of Scotland.

Original article 04/07/2014

Earlier this year, Sheriff Baird, Sheriff of Glasgow and Strathkelvin, issued a judgement which called into question the validity of thousands of continuing powers of attorney registered with the Office of Public Guardian in Scotland.

The continuing power of attorney which was the subject of Sheriff Baird's judgement was similar to a"sample" which, until recently, was published on the Office of Public Guardian's website. Sandra McDonald, the Public Guardian is seeking legal clarity on the issue, applying for a formal direction from another Sheriff. Sheriff Baird's judgment is currently under appeal. Until the outcome of the Public Guardian's application for a formal direction and the appeal is known, the position will remain uncertain.

We can reassure our clients with Turcan Connell continuing powers of attorney that these are valid in accordance with the requirements of the Adults with Incapacity (Scotland) Act 2000. If, however, you have doubts or concerns regarding the validity of your continuing power of attorney in light of Sheriff Baird's judgement please get in touch with your usual Turcan Connell contact or Kenneth Pinkerton or Alix Storrie who will be delighted to speak with you.



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