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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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My aunt has gone into care leaving her estate empty My mother

Customer Question

my aunt has gone into care leaving her estate empty
My mother who is her sister wants to go and visit her she lives 450 miles away and my mum would like to stay in the property as she cannot afford b&b
The powers off attorney have told us that myself and my mum are not allowed to go near or enter the property causing great distress
The property and contents are bequeathed to me in the will . I understand that the property may have to be sold to pay care costs . The powers off attorney are not blood relatives . Can they stop us entering the property and can they dispose off my aunts possessions some off which Are air looms
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
An attorney under a typically worded power of attorney document has wide powers in connection with the property of the person granting the power of attorney. However, these wide powers are granted on the proviso that they at all times act in the best interests of the granter. It is difficult to see how it is the best interests of your aunt that they act in a manner which is obstructive to your mother visiting her sister. If your aunt is mentally capable of revisiting the power of attorney she might want to consider doing so and appointing your mother in her place.
If she is not capable of deciding things for herself then there is a problem. They do have the power to dispose of property in the interests of your aunt but they should not necessarily dispose of anything unnecessarily and it would not be unusual for attorneys to make lifetime gifts of things such as family heirlooms where the person would normally do that herself, for example, on moving to smaller accommodation or a care home.
I suggest you see your solicitor and get a letter written to these attorneys pointing out their overriding duty to act in your aunt!s best interests.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
As the property is bequeathed to me is it myself who applies to the authorities for deferred payment for care as upon my aunts death it is myself they will be dealing with as there power off attorney ends . My aunt has dementia and can't make any decisions for herself . One off the attorney,s knows what is in my aunts will
I really hope that the law in Scotland says it is the beneficiaries that apply to the local authorities for defferd payment and not the powers off attorney
Expert:  JGM replied 1 year ago.
A deferred payment agreement is between the council and the person receiving care so in this case it would be the attorneys I'm afraid. The executors and beneficiaries have no powers or rights for as long as the person is alive.