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Adults with Incapacity (Scotland) Act 2000
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81Repayment of funds
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(1)Where—
(a)a continuing attorney;
(b)a welfare attorney;
(c)a withdrawer;
(d)a guardian;
(e)a person authorised under an intervention order; or
(f)the managers of an authorised establishment within the meaning of Part 4,
uses or use any funds of an adult in breach of their fiduciary duty or outwith their authority or power to intervene in the affairs of the adult or after having received intimation of the termination or suspension of their authority or power to intervene, they shall be liable to repay the funds so used, with interest thereon at the rate fixed by Act of Sederunt as applicable to a decree of the sheriff, to the account of the adult.
(2)Subsection (1) shall be without prejudice to sections 69 and 82.
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