Is it acceptable for a solicitor/notary public witnessing or signing a power of attorney on behalf of the granter to also complete the prescribed certificate?
A. Yes, this is perfectly acceptable. Q. I am a solicitor and have to interview a granter and sign a prescribed certificate. If this is not based on my own knowledge of the granter, can I sign this on the basis of having consulted the attorney(s) rather than an individual not involved in the process? A. Although this would not prevent registration with the Office of the Public Guardian, it is not best practice to sign from such consultation alone as this could be open to challenge in the future as a conflict of interest on behalf of the attorney. In terms of property matters, we are aware that the Keeper of the Registers of Scotland will exclude his indemnity from a purchaser’s title in terms of Section 12(2) of the Land Registration (Scotland) Act 1979 where the seller acts under such a continuing power of attorney. To avoid an exclusion of indemnity the Keeper will require evidence that the attorney has not acted ‘auctor in rem suam’ (in his own interests) by acting as consultee at p
