Scottish Power of Attorney

I seem to recall that a registered PoA in Scotland cannot be used in England when the granter moves to England. Is that still the case?

Peter Eager

My understanding is that is can be used only so long as the third party organisation is willing to accept its authority and they are under no obligation to do so.

Stuart Alabaster
Mayo Wynne Baxter

It will be legally valid in England, in terms of Schedule 3 of the Mental Capacity Act 2005, implementing the terms of the Hague Convention on the International Protection of Adults. This is despite the fact that the Convention has never been ratified quoad England & Wales, although it has been ratified quoad Scotland.

Dale Ross
Blackadders LLP