Scotland — Power of attorney / continuing welfare attorney signed for keeper
Where the registered keeper has granted a continuing/welfare power of attorney (Adults with Incapacity (Scotland) Act 2000 ss.15–16) registered with the Office of the Public Guardian (Scotland), the attorney has authority to deal with the keeper's property — including representing them in PCN matters. The operator/council MUST accept correspondence from the registered attorney and address responses to that attorney. Refusal to engage with a registered attorney is a breach of UK GDPR Article 6 (no lawful basis to communicate with the granter directly when capacity is impaired) and engages Adults with Incapacity (Scotland) Act 2000 s.1(4) (intervention principles — least restrictive option). Useful where elderly keeper has dementia and adult children manage affairs.
Legal basis
Adults with Incapacity (Scotland) Act 2000 ss.15, 16; UK GDPR Article 6
How to identify this in your case
You hold a registered Continuing/Welfare Power of Attorney (POA) for the keeper.
Sample appeal wording
Dear [COUNCIL / OPERATOR], Re: PCN [PCN_NUMBER], registered keeper [NAME] I write as the registered Continuing Power of Attorney for [NAME], registered with the Office of the Public Guardian (Scotland) on [REG_DATE], OPG reference [OPG_REF]. A copy is enclosed. My powers under section [SECTIONS] of the Power of Attorney instrument include [PROPERTY/FINANCIAL/WELFARE] decisions and authorise me to act in this matter. [NAME] [has limited capacity / suffers from dementia / etc., as confirmed by enclosed medical evidence]. All correspondence on this matter should be addressed to me at [ATTORNEY ADDRESS]. Engaging directly with [NAME] in light of impaired capacity is contrary to the principles of s.1 of the Adults with Incapacity (Scotland) Act 2000 and to UK GDPR Article 6. I make formal representations under [reg 8(1) SSI 2021/177 / the Designation Order representations procedure] on behalf of [NAME]: [SET OUT GROUNDS]. Yours faithfully, [ATTORNEY NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Adults with Incapacity (Scotland) Act 2000