Can a Scottish Power of Attorney (PoA) be used in England?
Yes. Under the terms of the Mental Capacity Act 2005, Institutions in England and Wales should accept Scottish PoAs (and any other Scottish protection orders). Schedule 3 19(1) of the Mental Capacity Act outlines that a protective measure taken in relation to an adult under the law of a country other than England and Wales is to be recognised in England and Wales if it was taken on the grounds that the adult is habitually resident in the other country. If proxies are having difficulty getting an Institution to accept their Scottish order an application can be made to the Court of Protection for a recognition or enforcement order using schedule 3 20(1) or 22(1) of the Mental Capacity Act.
