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4 Posts

Posted - 24 September 2019 :  21:30:30  Show Profile  Reply with Quote
Hi, I have a query about Trust Deeds and Power of Attorneys.

Iím 3 years into my Trust Deed. Itís been going well.

In the last year, however, my Mumís health has begun to deteriorate. Sheís in her 80ís. Weíve had an awkward conversation about her health and wishes, these things are so painful to discuss. Sheís agreed to make a will. But sheís also expressed a desire to grant me power of attorney, itís 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.

Itís probably a very sensible idea. I hope her health improves and that we never have to use such a thing ... but Iím realistic about it too.

Can persons in a Trust Deed be granted power of attorney for someone else ?.

TDA (Debt Adviser)
Trust Deed Expert

13967 Posts

Posted - 25 September 2019 :  09:14:11  Show Profile  Reply with Quote
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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Kevin Mapstone
Trust Deed Expert

4111 Posts

Posted - 25 September 2019 :  13:55:25  Show Profile  Reply with Quote
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.

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Paul McDougall
Trust Deed Expert

156 Posts

Posted - 26 September 2019 :  09:50:09  Show Profile  Reply with Quote

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.


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New Member

4 Posts

Posted - 26 September 2019 :  11:34:53  Show Profile  Reply with Quote
Hi folks

Thanks for that. Iíd checked on the website of the Office of the Public Guardian and it only mentioned bankruptcy and not Trust Deeds and I wasnít 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 itís her health and well-being Iím more worried about than anything else.

Listen thanks an awful lot, truly appreciated.
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