Can Power of Attorney Be Obtained Secretly in Scotland?

Question from Foxu, Can Power of Attorney Be Obtained Secretly in Scotland?

Answer from AI:

When it comes to legal matters involving Power of Attorney (PoA) in Scotland, there are specific rules and procedures that must be followed. Power of Attorney is a legal document that gives one person (the attorney) the authority to act on behalf of another person (the granter) in financial or welfare matters. It’s important to understand the process and the rights of all parties involved.

Obtaining Power of Attorney in Scotland

• Notification: The process of obtaining PoA typically involves notifying interested parties. This means that family members, including siblings, are usually informed of the intention to grant PoA.
• Legal Capacity: The granter must have the legal capacity to make the decision to grant PoA. This means they must understand what granting PoA entails and the implications of the decision.
• Registration: Once a PoA is granted, it must be registered with the Office of the Public Guardian (Scotland) before it can be used.

Changing Locks and Access to Property

• Attorney’s Powers: An attorney may have the power to change locks on a property if it is in the best interests of the granter and is within the scope of their powers as outlined in the PoA document.
• Property Rights: If you have a legal right to access the property, such as being a co-owner or having a right of residence, an attorney cannot unilaterally change locks to deny you access without legal justification.
• Disputes: If there is a dispute over property access, it may be necessary to seek legal advice or mediation to resolve the issue.

What to Do If You Suspect Misuse of Power of Attorney

• Legal Advice: If you believe that a Power of Attorney has been obtained without proper notification or is being misused, it is crucial to seek legal advice from a solicitor who specializes in this area of law.
• Office of the Public Guardian: Concerns about the misuse of PoA can be reported to the Office of the Public Guardian (Scotland), which has the authority to investigate and take appropriate action.
• Legal Remedies: Depending on the circumstances, there may be legal remedies available, such as revoking the PoA or applying to the court for intervention.

Conclusion

While it is possible for your brother to apply for Power of Attorney, the process should not be secretive, and you would typically be notified as a close family member. If he has changed the locks on your mother’s house and is refusing to give you a key, this could potentially be an abuse of his powers as an attorney, especially if you have a legal right to access the property. It is important to address these concerns promptly and seek professional legal guidance to ensure that your rights and your mother’s well-being are protected.