Is a Scottish Power of Attorney valid in England and Wales?

There are age old stories of a Scot presenting a Scottish five-pound note to a shopkeeper in England and being met with a quizzical look and the inevitable question “is this legal tender in England?”. Indeed, there have been instances where Scottish banknotes have been refused in shops in England and that may still be happening today. You see, they might have a point. The term “legal tender” is quite restricted in the UK. In England and Wales, Royal Mint coins and Bank of England notes are classed as legal tender. In Scotland and Northern Ireland, only Royal Mint coins are classed as legal tender. Notes of any description are not considered legal tender in Scotland or Northern Ireland and that includes Scottish Bank notes. So, the shopkeeper in England is correct and can refuse to accept payment using a Scottish note. In fact, a shopkeeper can make whatever rules he or she wants to make about what they accept by way of payment and you do not have to take our word for it – check out what the Bank of England have to say about currency here.

This discussion on currency got us thinking about Powers of Attorney and whether a Scottish Power of Attorney can be used in England and Wales.

Is a Scottish Power of Attorney valid in England and Wales?

The short answer is, yes, a Scottish Power of Attorney is valid in England and Wales. However, this will only apply to a Continuing and/or Welfare Power of Attorney and not to a general Power of Attorney.

The English term of these types of Powers of Attorney is a “lasting” Power of Attorney. Continuing and/or Financial Powers of Attorney were established by the Adults with Incapacity (Scotland) Act 2000 and once these types of Powers of Attorney have been created, they then need to be registered with the Office of the Public Guardian (Scotland) (OPG) to be effective.

However, it is not the Adults with Incapacity (Scotland) Act that enables these types of Powers of Attorney to be valid in England and Wales, but Schedule 3, Paragraph 13 of the Mental Capacity Act 2005.

The effect of this is that a Scottish Continuing and/or Welfare Power of Attorney which has been properly created and, importantly, registered with the OPG, is just as valid when dealing with the affairs of the granter of the Power of Attorney in England as it is in Scotland. This also means that no further action needs to be taken through either the Court of Protection or the Office of the Public Guardian for England.

What do I do if I need a Power of Attorney?

Our solicitors have many years of experience advising clients in North Berwick and Dunbar in East Lothian and across Scotland on the benefits of granting a Power of Attorney.

If you would like to discuss the benefits of drawing up a Power of Attorney, whether for use in Scotland or elsewhere, please contact us.