Validity of Powers of Attorney Upheld by Court of Session

In July 2014 we posted a news item on this site ‘Sheriff Casts Doubt on Validity of Some Powers of Attorney’.

The implications of the judgement in question were so important, potentially invalidating the vast majority on all Powers of Attorney in Scotland, that it was referred to the Inner House of the Court of Session to be heard as a ‘special case’.

The Court has now issued its judgement and as widely anticipated the ruling effectively overturns the Sheriff’s decision. As such it will be welcomed by both granters of existing powers of attorney and their attorneys alike, not to mention solicitors and the Office of the Public Guardian itself. The fully reasoned and written ruling is currently awaited from the Court.

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