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24/09/2019 9:30 pm
Hi, I have a query about Trust Deeds and Power of Attorneys.
I’m 3 years into my Trust Deed. It’s been going well.
In the last year, however, my Mum’s health has begun to deteriorate. She’s in her 80’s. We’ve had an awkward conversation about her health and wishes, these things are so painful to discuss. She’s agreed to make a will. But she’s also expressed a desire to grant me power of attorney, it’s a combined welfare/continuation power of attorney she wishes to grant and it would only become active if her GP considers that she is unable to act on her own behalf due to ill health.
It’s probably a very sensible idea. I hope her health improves and that we never have to use such a thing ... but I’m realistic about it too.
Can persons in a Trust Deed be granted power of attorney for someone else ?.
25/09/2019 9:14 am
Welcome to the forum ironman.
I'm very sorry to hear about your mother's health.
This Power of Attorney question has arisen a number of times in the forum over the years.
I've checked back and the insolvency experts have generally advised that this isn't possible until you have been discharged from your trust deed.
I'd suggest visiting the forum later when, hopefully, the insolvency experts here have had chance to share their knowledge of the current position on this subject.
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25/09/2019 1:55 pm
I am not aware of the situation having changed, so I think it still stands that you are not allowed to have Continuing Power of Attorney while subject to a Protected Trust Deed. Welfare POA is a different matter, however, and is not subject to the same restriction.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
26/09/2019 9:50 am
Ironman
Kevin is correct.
I am afraid that in accordance with Powers of Attorney under the Adults with Incapacity (Scotland) Act 2000 , it specifically states that a person who is bankrupt (including trust deeds) are unable to act as a Power of Attorney.
It does however state that they can act after being discharged after 1 year.
It also states that notwithstanding insolvency, anyone can continue to act as a Welfare attorney.
Hope this helps.
p
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Topic starter
26/09/2019 11:34 am
Hi folks
Thanks for that. I’d checked on the website of the Office of the Public Guardian and it only mentioned bankruptcy and not Trust Deeds and I wasn’t sure if there was any difference in the two for their purposes. I understand why they have such a restriction in place though. We will pursue a Welfare POA instead, which might actually be sufficient anyway it’s her health and well-being I’m more worried about than anything else.
Listen thanks an awful lot, truly appreciated.
