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Adults with Incapacity (Scotland) Act 2000

Section 18: Power of attorney not granted in accordance with this Act

74.This section provides that after commencement of the Act, a power of attorney that is a continuing or welfare power of attorney intended to have effect during the granter’s incapacity must be a validly granted continuing or welfare power of attorney according to this Act. This ensures that powers that continue on the granter’s incapacity can only be granted by opting into the provisions in the Act.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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