B and G v H

Adult incapacity – Power of Attorney – Validity. Sheriff Court: In an application under the Adults with Incapacity (Scotland) Act 2000 in which the pursuers sought orders revoking or restricting the defender's appointment as an attorney, the parties' mother having executed a document entitled Continuing and Welfare Power of Attorney in favour of her children and a dispute having arisen between the children over the operation of the power of attorney, the court rejected the defender's argument that the action should be dismissed because the power of attorney was invalid as it did not comply with s 15(3)(b) and (ba), and s 16(3)(b) and (ba) of the 2000 Act.

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