Adults with Incapacity (Scotland) Act 2000

23 Resignation of continuing or welfare attorney

(1) A continuing or welfare attorney who wishes to resign after the document conferring the power of attorney has been registered under section 19 shall give notice in writing of his intention to do so to—

(a) the granter of the power of attorney;

(b) the Public Guardian;

(c) any guardian or, where there is no guardian, the granter’s primary carer;

(d) the local authority, where they are supervising the welfare attorney.

(2) Subject to subsection (4), the resignation shall not have effect until the expiry of a period of 28 days commencing with the date of receipt by the Public Guardian of the notice given under subsection (1); and on its becoming effective the Public Guardian shall enter prescribed particulars in the register maintained by him under section 6(2)(b)(i) or (ii) as the case may be.

(3) Where the resignation is of a welfare attorney, the Public Guardian shall notify the local authority and (in a case where the incapacity of the adult is by reason of, or reasons which include, mental disorder) the Mental Welfare Commission.

(4) The resignation of a joint attorney, or an attorney in respect of whom the granter has appointed a substitute attorney, shall take effect on the receipt by the Public Guardian of notice under subsection (1)(b) if evidence that—

(a) the remaining joint attorney is willing to continue to act; or

(b) the substitute attorney is willing to act,

accompanies the notice.