Scottish POA and AA etc

Discussion in 'Legal and financial issues' started by jugglingmum, Jan 12, 2016.

  1. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,323
    Female
    Chester
    My MIL (no dementia that we know of but by accounts of odd recent behaviour I think maybe on its way, several TIAs a few years ago) is 88 and lives in Scotland. We are in England. My SIL, OH's sister is currently staying with her (she had a knee replacement op) and visiting us on Thursday so I have a chance to try and get them to sort things out. OH is a bit inclined to put his head in the sand (mostly due to historic family reasons from his childhood which was not great). SIL will do her best to sort things out but is resident in US so can only do so much and whilst staying in rural Scotland has little phone access and no internet.

    I want to try and give her POA forms on thursday, with OH named as an attorney and suggesting she is named as well and to send her back to try and get MIL to fill them in.

    Are they the same forms for Scotland?

    I didn't put replacement Attorney's on for my mum, so will suggest she has her son as replacement for her (he is 25 and US resident) and maybe offer to be a replacement for OH (don't really want to but my kids are too young and it is there Grandma). OH's brother may or may not want to be put on - but I think asking him may delay things - he will say he will, won't complete form and then say no several months later. He is a reluctant trustee on family trust set up in FIL's will.

    Is AA available in Scotland or equivalent? MIL has carers in to dress her post knee op at the moment, I assume this is reenablement or similar. She had similar after hip replacement 12 years ago.

    Recovery from knee op is slow (partly due to refusal to do physio) MIL was only allowed home as SIL had arrived from US (after over 3 weeks - she wanted to spend xmas with kids as first year post divorce). MIL is still walking with a frame 6 weeks after op and SIL flys back to US in 10 days. Apparently she has been paying all her bills etc by driving to local town and going to bank, nothing on DD and things went a bit pear shaped when she was in hospital for so long.

    How does it work with adding someone to bank account? I think SIL is trying to set this up but I think it would be better to put all on DD. Such a short time frame.

    Sorry lots of Q's and a bit waffly but have a short time frame to try and sot out.
     
  2. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,839
    England
    #2 Katrine, Jan 12, 2016
    Last edited: Jan 12, 2016
    Attendance Allowance is the same, administered by DWP.

    Lasting Power of Attorney in Scotland is very similar, but not identical, to LPA in E&W. It comes under different specifically Scottish statute law. However, a LPA registered in Scotland is valid across the UK with e.g. financial institutions, pension providers etc.

    The Office of the Public Guardian (Scotland) does NOT provide a standard LPA form or online template. They advise drafting the POA with the help of a solicitor to ensure that the grantor's wishes are being properly met. You can submit the completed and signed POA online for registration. Have a look on their website: http://www.publicguardian-scotland.gov.uk/power-of-attorney

    I can PM you with the name of my solicitor in the Inverness area, but that may be of no use, it depends where your MIL lives. Having gone through the Scottish courts for Guardianship, I could not have done it without the solicitor. POA is admittedly more straightforward, but the tricky stage is in getting the drafting right, in the absence of a standard form.
     
  3. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,323
    Female
    Chester
    Thanks - I will have a look. MIL has a solicitor so maybe need to direct SIL to try and look at next week. I was hoping it was download forms and complete like I did for my mum - just a different form.

    Are there any internet versions or off the peg ones available? The schedule one certificate and registration form seem to include most of the stuff in the E & W forms.

    I can see MIL prevaricating about what to do for so long that it won't happen if there isn't a standard from. The solicitor that drew up FILs will and trust deed was pretty hopeless in my opinion so will drag things out for his fee!

    Also need to mention to SIL pendant and alarms, but suspect MIL will refuse these (when she had palpitations/fainting in the night she wouldn't phone an ambulance and waited until it was late enough to phone her friend. Diagnosis happened when MIL fainted at church and ambulance took her to A & E and heart could be monitored at the right time - and pacemaker fitted).


    Edited - MIL is in Dumfries area - so a long way from Inverness - and has a solicitor already (mentioned above). As a retired GP one has a solicitor and accountant.:rolleyes:
     
  4. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,839
    England
    Banking

    My mum made me joint account holder with her on her Bank of Scotland current accounts, and I then applied for online access. I also left a signed letter on her Bank records indicating that I was only managing her funds for her and that it was not my money. Otherwise there is a potential tax liability because the funds in a joint account are deemed by default to belong equally to both account holders.

    In Scotland, if one account holder loses mental capacity the other account holder can still use the account. I was therefore able to manage her finances for some years by this means, but eventually had to get legal authority due to applying for Grant-aided funding for disability improvements to her property.
     
  5. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,323
    Female
    Chester
    SIL mentioned about adding someone else to the account to OH, but I don't know what she has done. Think she may have added a local friend to account. Was going to suggest she sorts out internet banking for her to use on MIL's account.

    Only OH has spoken to SIL on phone, and then only when SIL has phoned him - head in sand. Whilst OH will be happy with my involvement, matters will be complicated because as far as SIL is concerned I am not family.

    I'm still trying to get on top of my mum's affairs and can see we will end up dealing with MIL as well. So if possible want to kick them hard to make things easy!
     
  6. Moonflower

    Moonflower Registered User

    Mar 28, 2012
    775
    jugglingmum, just seen this thread, I have both Scottish and English POA for mum, did the forms myself, happy to help if I can.

    The reason why I have both is that mum lives in Scotland near us but her assets are in England. Although in theory a Scottish POA should be valid in England, the OPG told me it had never actually been tested in court, and I didn't want any hassle.
    Plus, from a practical point of view the English and Scottish versions look very different, and if taking the form into a bank its much easier if the person behind the desk recognises what you are waving at them. IMHO.

    I actually found the Scottish system the more straightforward of the two
     
  7. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,323
    Female
    Chester
    Thanks for that. Hmmm. Interesting. Not sure fully where MIL's assets are. Her bank account is in Scotland, she was a GP so her pension is from Health Service and widow's pension the same so assume England and Scotland are the same for this. She has a share portfolio managed in England we think and no idea of any other assets bar the house which is in Scotland.

    OH is unlikely to deal with it, and when I mentioned it to SIL when she visited us last week she didn't see any urgency and deferred it until she is here (ie in UK/Europe) in June/July. Which means that will be the start of discussions. MIL will be 89 by then. (I've posted on so bizarre thread in detail, but a very long read).

    Info Katrine provided enabled me to have the conversation, which SIL hadn't even thought of. We(my brother and I) did forms ourself for English POA for my mum and was pretty straightforward. Got the impression from website and Katrine that needed to use a solicitor in Scotland.

    For now not going to move forward I think.
     

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