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The Minute for Directions under Section 3(3) of the Adults With Incapacity (Scotland) Act 2000
The Sheriff, having resumed consideration of the cause answers the questions in the Minute for Directions as follows: (a) yes; (b) yes; (c) yes; (d) yes; (e) yes and (f) yes; directs that the expenses of the Minute be expenses in the adult's estate as the same may be taxed.
[1] It seems to me that it would be inappropriate and unhelpful to identify the various parties involved in this particular case and accordingly I describe the participants by way of letters of the alphabet rather than their names.
[2] On 10 December 2008 D ("the Adult") appointed the first applicants as her Continuing Attorneys by virtue of a continuing Power of Attorney under section 15 of the Adults with Incapacity (Scotland) Act 2000 ("the Act") and appointed the second applicant as her Welfare Attorney under section 16 of the Act. These documents have been registered by the Public Guardian (Nos. 5/1/1 and 5/1/2 of process) .
[2] The Adult was born on 5 March 1929. She is a widow. She has one son, E. She suffers from vascular dementia and has been certified as incapax (No. 5/1/3 of process) . In recent years the Adult and her son lived together in a flat owned by the adult. On 6 February 2011 the Adult was admitted to hospital, due to concerns about her safety, health and well being. From there she was transferred to a Care Home on 1 July 2011, where she continues to reside.
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Common Room
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