Guidance related to Rule B1.5: Adults with Incapacity (Scotland) Act 2000
Signature of Certificates on Powers of Attorney - Trainee
Solicitors
Sections 15, 16 and 16A of the Adults with Incapacity (Scotland)
Act 2000 provide that a continuing power of attorney or a welfare
power of attorney must incorporate a certificate by a practising
solicitor or a doctor that the solicitor or doctor has interviewed
the granter immediately before he or she signed the documents; that
the solicitor or doctor is satisfied from their own knowledge or
having consulted other named persons that the granter understands
the nature and extent of the power of attorney; and that the
solicitor or doctor has no reason to believe that the grantor is
acting under undue influence or that any other factor vitiates the
granting of the document.
These are onerous responsibilities requiring a degree of
experience of practice and such responsibility should not be placed
on a trainee solicitor with a restricted practising certificate.
There will, therefore, be an additional restriction on practising
certificates issued to trainee solicitors specifically restricting
them from signing such certificates. Existing practising
certificates will not be recalled but this Guidance applies to all
trainees, including those already with an existing restricted
practising certificate. The restriction will apply until the
trainee's Discharge is submitted to the Society, as the other
restrictions do.
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