Great Stuart Trustees Ltd v McDonald, Public Guardian

Adult incapacity – Power of Attorney – Validity. Court of Session: In a special case which was presented to the court to determine whether a particular power of attorney, in similar form to many other powers of attorney, was valid as a continuing power of attorney for the purposes of s 15 of the Adults with Incapacity (Scotland) Act 2000, the court held that the special case was competent, that the power of attorney was a valid continuing power of attorney for the purposes of s 15 of the 2000 Act, and it resolved the conflict of authority which had created doubt about the legal position.

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