A AND B & C. & IN RESPECT OF D. ABERDEEN [2013] ScotSC 12 (11 February 2013)

A AND B & C. & IN RESPECT OF D. ABERDEEN [2013] ScotSC 12 (11 February 2013)

The attorneys are justified in seeking directions as the interventions sought will benefit the Adult, are necessary due to E's conduct, and are consistent with the Adult's past wishes and the statutory principles of the Adults With Incapacity (Scotland) Act 2000. The attorneys may act without consulting E, terminate unauthorized payments, restrict E's access to funds, provide reasonable financial support to E, maintain the Adult's assets, and retain disputed funds pending clarification of ownership.

Citation
[2013] ScotSC 12
Parties
First Applicants (continuing Attorneys): A and B; Second Applicant (welfare Attorney): C; The Adult: D; Respondent (son of the Adult): E
Jurisdiction
Scotland
Judgment Date
11 February 2013
Procedural Posture
Minute for Directions Under Section 3(3) of the Adults With Incapacity (scotland) Act 2000 / Decision After Proof Diet; Respondent Absent at Hearing
Outcome
Application granted; all questions answered in the affirmative.
Legal Topics
Powers of Attorney, Welfare of Incapacitated Adults, Financial Management of Incapacitated Adults, Court Directions Under Adults With Incapacity (scotland) Act 2000
Mental Capacity Law Elder Law Family Law Powers of Attorney Welfare of Incapacitated Adults Financial Management of Incapacitated Adults Court Directions Under Adults With Incapacity (scotland) Act 2000

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Parties

A and B

First Applicants (continuing Attorneys)

C

Second Applicant (welfare Attorney)

D

The Adult

E

Respondent (son of the Adult)

Procedural Posture

Minute for Directions Under Section 3(3) of the Adults With Incapacity (scotland) Act 2000 / Decision After Proof Diet; Respondent Absent at Hearing

Legal Issues

  1. 1 Whether attorneys may act without consulting the nearest relative (E)
  2. 2 Whether attorneys may terminate direct debit payments not benefiting the Adult
  3. 3 Whether attorneys may cancel E's access to the Adult's bank account

Ratio Decidendi

The attorneys are justified in seeking directions as the interventions sought will benefit the Adult, are necessary due to E's conduct, and are consistent with the Adult's past wishes and the statutory principles of the Adults With Incapacity (Scotland) Act 2000. The attorneys may act without consulting E, terminate unauthorized payments, restrict E's access to funds, provide reasonable financial support to E, maintain the Adult's assets, and retain disputed funds pending clarification of ownership.

Court Disposition

Application granted; all questions answered in the affirmative.

Orders

  • Attorneys may act in the interests of the Adult without consulting E.
  • Attorneys may terminate direct debit payments to E's credit card not benefiting the Adult.