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Scottish Trust Deed Forum
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Topic starter
07/04/2022 7:08 pm
Hi,after a very quick 4 years I have made all my payments to my PTD and just await the closure team to do their bit and get my Form 5 ready. My start date was 17th April so I know I wont hear anything till after the 4 years are officially up.
My parents, who know nothing about my PTD, want to sign over Power of Attorney to me and I was wondering what the rules are. I am under the impression that anyone in a PTD cant undertake PoA duties but was wondrring if there were any restrictions againt people that have been discharged from one.
08/04/2022 9:45 am
Hi Jimmi,
Here are the answers Kevin and Paul provided the last time this question came up. I've not heard of any changes since but hopefully they can confirm this.
Kevin:
"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."
Paul:
"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."
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