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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Can you help with a question regarding the disposition of

Resolved Question:

can you help with a question regarding the disposition of assets for a living parent in scotland
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.

I am a solicitor in Scotland. How can I help you with this?

Customer: replied 10 months ago.
My mother has gifted all of her assets to one of the children and nothing to the other children the person is looking after her and has power of attonery - is thiss legal
Expert:  JGM replied 10 months ago.

Is your mother able to take decisions for herself or did the attorney take this decision?

Customer: replied 10 months ago.
She ha alziemers and my sister is the carer i do not think she is compent but I an not thr expert - she does know her age the year or her year of birth do ....
Customer: replied 10 months ago.
Dorry does not know her age etc ...
Expert:  JGM replied 10 months ago.

If she is not competent and would not have made the gifts had she been able to decide for herself, and if the gifts are not in your mother's best interests then the attorney has acted outwith the powers granted by the power of attorney. You should contact the Office of the Public Guardian in Scotland which has the power to investigate concerns where the financial affairs appear to be at risk. See I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 10 months ago.
if she was competent or would / might have have made the gift it would be legal for her to gift all of her assests bearing in mind we are taking about £300,000 ?
Expert:  JGM replied 10 months ago.

Yes, a person can legally gift anything. It would only be actionable if the person didn't know about it or wasn't competent and would never have sanctioned such a gift or gifts.

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