HM Insights

Standard Scottish power of attorney form confirmed as valid

Private client lawyers throughout Scotland breathed a collective sigh of relief yesterday as the news came from the Court of Session that Sheriff Baird's decision on powers of attorney has been overturned. Sheriff Baird's ruling in the case of NW cast doubt on powers of attorney that had been drafted using the Office of the Public Guardian's suggested style. The ramifications of this would have been significant for many individuals that are no longer capable of granting a revised power of attorney.                                                                                                       
Whilst the earlier case involved a power of attorney granted in favour of Clydesdale Bank, the current case involved a power of attorney granted in favour of an individual and was referred by the Office of the Public Guardian. A written judgement is not yet available however Harper Macleod will provide an update when this has been issued.

You can read more about the judgment here.

(Source: Office of Public Guardian (Scotland))