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Ross Miller
Ross Miller,
Category: Scots Law
Satisfied Customers: 433
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Can power of attorney transfer property into a trust?

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Can power of attorney transfer property into a trust?
Assistant: Where is this? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have been taken so far?
Customer: Myself and my brother are now attorney for my incapacitated mother
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Hello,
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Customer: replied 5 days ago.
Ok to wait

Hello my name is ***** ***** I can help with this matter.

Customer: replied 5 days ago.
Fine Ross will await your update

A Power of attorney can move property into a trust, as long as, and very importantly they are doing so in the interest of the person who has granted the power. They basically have autonomy over all issues however, if you feel that they are acting in their own interest for personal gain then you could make an application to the courts to state that they are not acting in the grantor's best interest. i.e. if they have put the property out to rent and are taking profit for themselves then this is a big NO! but if they have done this to protect the asset for the grantor then there is no issue. If you think there is a breach of trust then you would be best advised to speak with a local solicitor and present your findings and see if it is worth while making an application to the court. The courts have the power to move the power of attorney to another person if this is indeed the case.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Kind regards

Ross

Ross Miller,
Category: Scots Law
Satisfied Customers: 433
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Scots Law Specialists are ready to help you