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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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Is the Lasting Power of Attorney in Scotland ALL Legal in

Customer Question

Is the Lasting Power of Attorney in Scotland ALL Legal in England ? My Aunt lives in Edinburgh , we live in England . Due to declining health we wish to get her into Warden Control by us in England ASAP.We need to help her in selling her house and managing her health and finance.
Submitted: 5 months ago.
Category: Law
Expert:  Buachaill replied 5 months ago.

1. If you have a Scottish Power of Attorney, I would suggest you do a separate Power of Attorney in England should you wish to use the POA in England & Wales.

2. A Scottish PoA can be used in England if an Organisation (e.g. a bank) accepts its authority but if they do not there are difficulties. What the Organisation may require is an endorsement of the Scottish PoA from the English authorities [Public Guardian or Court of Protection] but the English legislation does not appear to permit these authorities to offer this endorsement. If a Scottish PoA can't be used without an endorsement but one cannot get such an endorsement the Scottish PoA becomes a worthless document. It is recognised that this is an unacceptable position and perhaps not what was intended. The matter rests with England to agree and make any changes that are required.

3. If you are now based in England and are still capable you may wish to consider doing an English PoA. If capacity has been lost someone will need to apply to the Court of Protection for deputyship (equivalent of Scottish guardianship).

    Expert:  Buachaill replied 5 months ago.

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