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 they 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.

Last checked: 7 January 2022

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What can/can't you do as a trainee?

It is essential that trainees and supervisors familiarise themselves with this trainee guidance, which clarifies what work can and cannot be carried out during the traineeship.