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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12524
Experience:  30 years as a practising solicitor.
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Dear JGM, Can you send me a template or link for a POA..

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Dear JGM ,Can you send me a template or link for a POA..
Many thanks ,R.

Appointment

I, , residing at, appoint, residing at whom failing residing at to be my continuing attorneys (my “Attorney”) in terms of section 15 of the Adults with Incapacity (Scotland) Act 2000 (which act and any subsequent amendment of that is referred to as the “Act”) and generally to do everything with regard to my estate and affairs which I could have done myself without limitation by reason of anything herein contained or any incapacity on my part, whether mental or physical, occurring after the date of the granting of these presents, it being my intention that the powers shall subsist and remain in full force and effect notwithstanding incapacity, as defined by the Act on my part.

I appoint the said whom failing to be my welfare attorneys in terms of section 16 of the Act

My continuing attorneys and my welfare attorneys are each referred to as my Attorney.

General Powers

My Attorney may manage my whole affairs as my Attorney thinks fit and shall have full power for me and in my name or in his/her own name as my Attorney to do everything regarding my estate which I could do for myself and that without limitation by reason of anything contained in this power of attorney or otherwise.

In the event of my being incapable in terms of the Act to make decisions about my personal welfare, or in the event that my attorney reasonably believes that that is the case, then my attorney may make decisions on my behalf in relation to my personal welfare.

My attorney shall be subject to the requirements of the Act.

Without prejudice to these general powers my Attorney shall have the powers set out in the following clauses.

Particular Powers

My Attorney has the following Particular Powers:

1. To open, close, operate, any account containing my funds including those held in common with other persons.

2. To claim and receive on my behalf all pensions, benefits, allowances, services, financial contributions, repayments, rebates and the like to which I may be entitled.

3. To sign and endorse any cheques, deposits, receipts or bank drafts issued and to be issued in my name or made payable to me.

4. To sign and deliver deeds and documents.

5. To make all tax returns and adjust and settle any claim for tax.

6. To be allowed financial information concerning me.

7. To require disclosure to my attorney of any document or information regarding me, however confidential, including testamentary documents.

8. To pay my household expenses.

9. To effect, pay the premiums on, alter or surrender any insurance policy.

10. To buy, lease, sell and otherwise deal with any interest I may have in property of any kind or description and wherever situated.

11. To buy, sell or lease and otherwise deal with heritable property (land and buildings) on my behalf.

12. To borrow and grant security for any sum and to pay the interest and capital on any loan taken out by me or my Attorney on my behalf.

13. To receive or renounce any testamentary or other entitlements; to grant Deeds of Covenant or make any other provision for my estate; to set up any form of Trust.

14. To pay for private medical care and residential care costs.

15. To pay any debt or claim owing by or to me.

16. To raise, defend, compromise and settle any court action and enforce any decree.

17. To make, settle, compromise, discharge and refer to arbitration, any claim

18. To make gifts on behalf of me, including any limits on the size of such gifts or the potential recipients.

19. To run, sell or wind up any business belonging to me.

20. To pay for me to go on holiday and for the expenses of any accompanying carer/carers.

21. To purchase out of my income or capital, a vehicle or any other equipment which may be required for my benefit.

22. To employ Bankers, Brokers, Solicitors Counsel, Accountants, Managers, Factors or Agents of any kind for the management of any of my affairs at the usual professional rate of payment.

23. To implement such tax planning or similar arrangements as my Attorney may deem suitable.

24. To incur expenditure on behalf of others as, in the judgement of my Attorney, acting reasonably, I myself would have done if consulted or able to be consulted; including (with prejudice to the generality of the foregoing) expenditure for any children or other dependants of mine.

Particular welfare powers

My attorney has the following Particular Powers:-

1. To decide where my permanent place of residence should be

2. To decide what care and accommodation may be appropriate for me

3. To consent on my behalf to any medical treatment not specifically disallowed by the Act

4. To consent to any medical treatment or procedure or therapy of whatever nature my attorney may decide is for my benefit and provide access for that, or refuse such consent

5. To decide, alone or with others, on the level of care which I require

6. To take any legal action on my behalf involving my personal welfare

7. To make such decisions relating to my dress, diet and personal appearance as are appropriate

8. To make such decisions regarding my social and cultural activities

9. To exercise any rights of access I have in relation to personal data and records

10. To decide with whom I should or should not consort

11. To arrange for me to undertake work, education or training

12. To take me on holiday or authorise someone else to do so

13. My Attorney is to be reimbursed for any reasonable outlays or out of pocket expenses while acting on my behalf

Validity of documents

All decisions which may be made and all documents which may be granted by my Attorney to whatever person or persons shall be equally valid and binding as if granted by me.

Recall

The continuing and welfare power of attorney shall remain in existence until it is recalled by me in writing or until my death.

Testing Clause

This document is executed as follows:-

----------------------- ----------------------------
Signature of Witness Signature of Granter

----------------------
Full name of witness (print)

------------------------ ----------------------------
(Address of witness) Date of signing

------------------------ -----------------------------
Place of signing

------------------------

SCHEDULE 1 Regulation 2
CERTIFICATE UNDER SECTIONS 15(3)(c) AND/OR 16(3)(c) OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 TO BE INCORPORATED IN A DOCUMENT GRANTING A POWER OF ATTORNEY

1. This certificate is incorporated in the document subscribed by
Insert name of granter

2. On
Insert date subscribed

3. That confers a
Tick appropriate box – tick one box only

• Continuing power of attorney (i.e. confers property or financial powers only)

• Welfare power of attorney (i.e. confers welfare powers only)

X • Combined power of attorney (i.e. confers both property or financial and welfare powers)

4. Appointing as Attorney(s)
Insert name(s) of Attorney(s)

5. Declaration of Certifier
I certify that

1. I interviewed the granter immediately before he/she subscribed this power of attorney;

2. I am satisfied that, at the time this power of attorney was granted, the granter understood its nature and extent; and

I have satisfied myself of this:

(a) because of my own knowledge of the granter;
and/or
(b) because I have consulted the following person who has knowledge of
the granter on the matter

Insert name, address and relationship with granter, of person consulted

3. I have no reason to believe the granter was acting under undue influence or that any other factor vitiates the granting of this power of attorney.

Signed:
Print name:
Profession:
Address:

Date:

POWER OF ATTORNEY

By

In favour of

whom failing

Customer: replied 5 months ago.
The POA required is more for an individual who is in another country, and wishes to appoint an attorney who can complete the sale of land / property on his behalf; and absence.Apologies for being so vague in my initial request.R.

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

2. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

3. The Power to instruct the discharge of all and any securities over the said properties.

Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at ​​

on the day of [ ], Two Thousand and [ ]before this witness:

........................................................Witness ​............................................................................

​​​​​​​Director’s signature

........................................................Full Name​

........................................................Address​​…………………………………………………..

​​​​​​​Director’s name (please print)

........................................................

........................................................Occupation

We, [ ] hereby appoint, [ ] (our “Attorney”) as our Attorney from the date hereof with the Powers (the “Powers”) specified herein with all such Powers to be exercised in relation to our interest in the properties undernoted:-

  1. The Power to execute all deeds and documents in respect of the sale of our title and interest in and to the following properties on our behalf:

DWELLINGHOUSE

TITLE NUMBER

  1. The Power to instruct [ ], Solicitors as legal agents on our behalf in respect of all matters relative to the sale of our title and interest in the said properties and without prejudice to the foregoing generality the conclusion of missives in respect of the sale on our behalf.

  2. The Power to instruct the discharge of all and any securities over the said properties.

    Our Attorney shall be entitled to exercise the Powers contained in this Power of Attorney until he receives written notice of the recall of this appointment. All acts of and deeds granted by our Attorney in exercise of the Powers shall be binding on us as if they were acts and deeds granted by us.

    This Power of Attorney shall be governed by the laws of Scotland: IN WITNESS WHEREOF these presents consisting of this and the preceding page are subscribed by us at

    on the day of [ ], Two Thousand and [ ]before this witness:

    ........................................................Witness ............................................................................

    Director’s signature

    ........................................................Full Name

    ........................................................Address …………………………………………………..

    Director’s name (please print)

    ........................................................

    ........................................................Occupation

JGM and other Scots Law Specialists are ready to help you
Customer: replied 5 months ago.
Dear JGM ,you nailed it there ..
bless you ..would love to take you for lunch ..
R.