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Adults with Incapacity (Scotland) Act 2000

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This is the original version (as it was originally enacted).

24Termination of continuing or welfare power of attorney

This section has no associated Explanatory Notes

(1)If the granter and the continuing or welfare attorney are married to each other the power of attorney shall, unless the document conferring it provides otherwise, come to an end upon the granting of—

(a)a decree of separation to either party;

(b)a decree of divorce to either party;

(c)declarator of nullity of the marriage.

(2)The authority of a continuing or welfare attorney in relation to any matter shall come to an end on the appointment of a guardian with powers relating to that matter.

(3)In subsection (2) any reference to—

(a)a continuing attorney shall include a reference to a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed), relating to the granter’s property or financial affairs and having continuing effect notwithstanding the granter’s incapacity;

(b)a welfare attorney shall include a reference to a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s personal welfare and having effect during the granter’s incapacity.

(4)No liability shall be incurred by any person who acts in good faith in ignorance of—

(a)the coming to an end of a power of attorney under subsection (1); or

(b)the appointment of a guardian as mentioned in subsection (2),

nor shall any title to heritable property acquired by such a person be challengeable on those grounds alone.

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