The continuing saga of the validity of Powers of Attorney that use wording the same or similar to that used in styles published by the OPG (Scotland) continues.    

The latest instalment comes from Forfar.  The Sheriff in this matter, Gregor Murray, refused to follow the ruling earlier this year of Sheriff Baird in the ‘NW’ case.

Sheriff Murray “respectfully declined to agree” with Sheriff Baird that every power of attorney must explicitly state the donor’s intentions concerning the onset of incapacity.

The full case report can be found here.