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Adults with Incapacity (Scotland) Act 2000

Section 34: Disapplication of Part 3

136.This section confirms that authority to have access to the adult’s funds will not be granted where there is a guardian with powers over the account, or a continuing attorney or person appointed under an intervention order with relevant powers. This provision applies to both the Public Guardian’s authority and to the continued authority to operate a joint account.

137.Subsection (2) clarifies that subsection (1) applies to foreign guardians and attorneys if their powers are recognised in Scotland.

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