Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that institutions and organisations in (a) England and (b) Wales are aware of the legal status of Scottish Powers of Attorney.

Scottish powers of attorney are already recognised and have effect as a matter of law in England and Wales. The Government is currently supporting the Powers of Attorney Bill, which facilitates modernisation of the process for making and registering lasting powers of attorney (LPA) in England and Wales. Modernising this service will require engagement with third party organisations. This provides an opportunity to raise awareness of the importance of recognising LPAs and equivalent documents from Scotland, including how these documents can be recognised, and the appropriate authority to contact if further confirmation is needed.

I recently wrote to Patrick Grady MP on this issue as it came up during the passage of the Power of Attorney Bill. A copy of this letter will be available to read in the House library shortly and contains further relevant information.