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Settled Status - Attention guardians and attorneys, The UK left the European Union (EU) on 31 January 2020. If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to retain your rights to continue living in the UK after 30 June 2021. Where an adult EU citizen lacks mental capacity and a guardian or attorney has been appointed as their legal representative by this office, they should make an application for settled status on the adult’s behalf. Having settled or pre-settled status means you can
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Substitute attorneys, attorneys Taking up the role of a substitute attorney If the granter appointed a substitute attorney, the details will be stated in the power of attorney (PoA) document Although substitute attorneys are named in the PoA document. Although substitutes have no authority, If joint attorneys are appointed that they must act jointly, a substitute attorney can take up the main role (unless the power of attorney specifies otherwise) when all joint attorneys are no longer
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New ATF forms and guidance for Organisations, As a result of a customer feedback exercise we now have specific forms and guidance for organisations to use under the Access to Funds Scheme (ATF) when:
requesting account information, through the following links: (ATF 1) Request account information application form and accompanying guidance notes (ATF 2) Access to funds application form and accompanying guidance notes If you require any further support in relation to ATF casework, please email: OPGATF@scotcourts.gov.uk
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When is ATF not appropriate, is it NOT appropriate to apply for ATF? The situations below outline when it would not be appropriate to make an application under the ATF scheme: If the adult’s only income, in investments, bonds, stocks, shares, etc. and need to be managed. The authority granted under the ATF scheme, – as these can only be managed by an attorney or guardian.
If the funds requiring to be accessed are already being managed by a continuing attorney, financial intervener or financial
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After AtF granted, to change it.
After, AtF, Granted After AtF Granted
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Concerns about attorneys, Search Concerns about how a continuing attorney is acting
The Public Guardian has certain, they are at risk. Concerns might include the way in which a continuing attorney is managing an adult’s, .
power of attorney, PoA, concern, attorney Concern about how a attorney
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Telling us about a change of address - Attorneys, Attorneys are reminded that they need to tell us if they or the granter of a power of attorney changes address. You can do this by completing our form and emailing it back to us. When we receive the details for a new address we will update our records. This means that if we need to write to you or the granter we can be sure of reaching you
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Attorney Duties, Attorneys are reminded to tell us about any changes to a registered power of attorney. Changes include: death of a granter or an attorney, changing address, bankruptcy, resignation etc.More information about attorney duties in relation to changes in circumstance is available from the website
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National Power of Attorney Day – 20 Nov, The first national power of attorney day is being held on 20 November 2019. We will be supporting this by providing information in some local areas. If you want to find out more about making a power of attorney or have some questions about it, you’ll find us at the following locations: East Dunbartonshire
Town Hall, Kirkintilloch 10.00am - 12.00pm
The Hub, Bearsden 1.30pm - 3.30pm Forth Valley
Main Atrium, Forth Valley Royal Hospital, Falkirk
10.00am - 3.00pm North Lanarkshire
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Acting as attorney, you need to know to act as an attorney We highly recommend that all attorneys, for attorneys leaflet offering useful advice to get started. Your Duties and Responsibilities as Attorney, should consult and respect the Code of Practice for Continuing and Welfare Attorneys If called upon to act, you must ensure that every measure is taken to support the granter of this power of attorney, of attorney we issue. It is likely that you will be asked to show this documentation to organisations