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Scottish Trust Deed Forum
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Topic starter
26/04/2014 10:36 pm
In November 2011, my husband and I entered into a trust deed. A year later he was diagnosed with bowel cancer. A further year later, after surgery and chemo it was confirmed the cancer was in his liver and lungs and incurable. He was to get chemo to give him more time. This week, four tumours were discovered in his brain. He will start the chemo next week but we have been told his time has been cut significantly shorter. We have struggled through debt, we have struggled through a trust deed, we are fighting through illness, a losing battle. Because of the trust deed, I cannot have power of attorney for my husband. When I see him lose his faculties, I cannot make decisions for him. When it's all over I will have lost my beloved husband of 37 years. His life insurance will go to his creditors. The past has been a nightmare but the future looks so lonely and bleak.
27/04/2014 9:13 am
Hi Dollar.
I'm sorry to hear that you are your husband have experienced such a terrible time. I'm sure everyone reading will feel exactly the same and want, in what little way we can here, to offer you our support.
I do hope that you have the support of friends and family at this difficult time as well.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
27/04/2014 10:11 am
Hi Dollar
There really are no words I can think of to say, except to say I'm thinking of you & I'm sure all on here will say the same. I hope you & ur hubby find some peace & manage to make some lovely memories for you to cherish.
Xxxx
Topic starter
27/04/2014 5:27 pm
Is there any way I could be discharged earlier? I hate the thought of someone else making decisions for my husband that should be mine to make. I feel like I am letting him down when he needs it most.
27/04/2014 9:10 pm
You could ask your trustee Dollar, but the likely difficulty is that all parties (you, the creditors, your trustee) became legally bound by this arrangement when you chose to go ahead with it.
In the circumstances perhaps there's no harm in asking though if you're sure that's the right thing to do.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
27/04/2014 9:22 pm
I'm so sorry, Dollar. I can't imagine how you must be feeling.
I wish I could tell you something positive about the financial side of things, but I'm afraid your trustee is legally bound to gather in whatever is available for your creditors.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
28/04/2014 9:56 am
Hi Dollar,
I'm sorry to hear of the extremely tough time both you and your husband have had.
Have you spoken with your relationship manager/Trustee for their views on your situation?
As TDA and Kevin have said it's a tricky position for your Trustee to be as they are required to try and ingather what assets are available. In an difficult situation like this I think what most people would hope for would be the Trust Deed's to be brought to a close early because of the difficult circumstances and discharged to enable as little stress for all parties involved but that's not something that's possible. I'm sorry this isn't more positive advice.
Are there any family members of close friends who can stand in as power of attorney and with your support and guidance can make decisions on his behalf?
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