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Adults with Incapacity (Scotland) Act 2000

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This is the original version (as it was originally enacted).

Attorneys

This section has no associated Explanatory Notes

4(1)On the relevant date, any person holding office as—

(a)an attorney under a contract of mandate or agency with powers relating solely to the property or financial affairs of an adult shall become a continuing attorney under this Act;

(b)an attorney under a contract of mandate or agency with powers relating solely to the personal welfare of an adult shall become a welfare attorney under this Act;

(c)an attorney under a contract of mandate or agency with powers relating both to the property and financial affairs and to the personal welfare of an adult shall become a continuing attorney and a welfare attorney under this Act.

(2)Where, under the provisions of a contract of mandate or agency executed before the relevant date, a person is appointed as an attorney after that date he shall be a continuing attorney, a welfare attorney or a continuing and welfare attorney, as provided for in sub-paragraph (1), under this Act.

(3)For the purposes of their application to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c), the following provisions shall have effect as modified or disapplied by sub-paragraph (3).

(4)Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22 and 23 shall not apply.

(5)For the purposes of their application to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c) the following provisions shall have effect as modified or disapplied by sub-paragraph (5).

(6)Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22 and 23 shall not apply.

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