Combined powers of attorney "causing confusion"
26 Nov 07
Public Guardian Office still unable to issue combined continuing and welfare powers
Confusion has arisen regarding when the combined certificate for continuing and welfare powers of attorney comes into force, acording to the Office of the Public Guardian (OPG).
Provision for a combined certificate was made in the Adult Support and Protection (Scotland) Act 2007, amending the Adults with Incapacity (Scotland) Act 2000. However the amendments are not expected to be brought into force until April 2008, and until the necessary order has been made, the combined certificate cannot be incorporated into continuing and welfare powers of attorney.
The OPG has now issued advice that continuing and welfare powers of attorney incorporating a combined certificate and presented to the OPG for registration prior to the implementation date, will be returned to the sender. This practice will continue until the provision is implemented.