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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11427
Experience:  30 years as a practising solicitor.
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My father has a life rent on a property owned by me and my

Resolved Question:

My father has a life rent on a property owned by me and my sister. He has dementia which is progressing rapidly now and he is becoming a danger in the house (fire hazard) as he keeps forgetting he has left appliances on (mainly cooker). I would like to try and get him into sheltered accommodation but he is reluctant . Can the life rent be revoked because it is only a matter of time before he has an accident or causes a fire
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots solicitor and will help you with this.
A liferent can be revoked by a Deed of Revocation or by the death of the liferenter. As your father has dementia and from your narrative would be unable to understand a Deed of Revocation, he would not be able to sign such a document unless his doctors say that he would be capable of understanding it.
That being the case, unless there is an existing power of attorney granted by your father, you will have to consider going to the sheriff court for a guardianship order. A guardian can execute s deed of revocation and any other documents required.
Happy to discuss further.
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Customer: replied 2 years ago.

I already have Power of Attorney. Would I be able to go about having the Liferent revoked and if so how would I do this?. Thank you so much

Expert:  JGM replied 2 years ago.
That is good news. Can you please see your solicitor who will draft the deed of revocation and you can sign it as attorney.