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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12085
Experience:  30 years as a practising solicitor.
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My mother has dementia and is in care home I have welfare

Customer Question

My mother has dementia and is in care home I have welfare power but not power of attorney her brother has died and left property which is to be sold would she not be able to receive any money from sale
Submitted: 4 months ago.
Category: Scots Law
Expert:  JGM replied 4 months ago.

Thanks for your question. I assume your mother is due to inherit from her brother’s estate. If that is the case and your mother has a bank account then the money from the sale can be paid there. That leaves the question of who controls the bank account and whether a guardian may have to be appointed for your mother by the court, presumably you. Your mother cannot appoint a power of attorney now, I presume. Let me know a bit more and I’ll be happy to help further.

Customer: replied 4 months ago.
No she is not responsive anymore I did not apply for power of attorney as she has no estate only welfare care.
Her brother stayed in England and his wife is dead and has no children he has property to be sold and my Mother is his only living relative apart from .myself and my two cousins
Expert:  JGM replied 4 months ago.

Thanks for your reply. That being the case she will inherit as will the children of any predeceasing siblings. If there is to be a substantial inheritance it could affect her current circumstances and a guardian may have to be appointed by the sheriff.

Customer: replied 4 months ago.
I don't have power of attorney but I am allowed to access her account I don't know how that stands
Customer: replied 4 months ago.
You can call me in the morning.
Expert:  JGM replied 4 months ago.

If you have access then that would be fine and a guardian may not be necessary.