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Adults with Incapacity (Scotland) Act 2000

Adults with Incapacity (Scotland) Act 2000

2000 asp 4

The Act

Part 2: Continuing Powers of Attorney and Welfare Powers of Attorney

Section 17: Attorney not obliged to act in certain circumstances

73.There is no statutory duty for an attorney to use their powers, but this section specifically provides continuing or welfare attorneys with the power to omit actions that are included in their authority, if they consider them to be unreasonable, either on grounds of effort or expense, compared to the value of the action. This protects attorneys from carrying out duties that would be very onerous to them and would confer little benefit to the granter.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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