Scottish Power of Attorney, granter bankrupt??

AyrshireGirl

My mother in law was advised by a host of medical professionals to apply for POA for her brother after he suffered two brain hemorrhages and is no longer capable of looking after his finances.

We've gone through all the forms, got the GP to interview him and fill in the statement part and were just at the point of submitting it online to the Office of Public Guardian and one of the first questions it asks is, is either the granter or attorney bankrupt?

The brother was declared bankrupt two years ago, so does that mean the POA cannot be submitted? If so what is my mother in law supposed to do, as he is not mentally capable of managing his finances anymore?

Thanks

coolcait

You might be better putting that question to the Office of the Public Guardian, as it's about their rules rather than bankruptcy rules.


That said, all the information I can find about Power of Attorney in Scotland seems to be talking about the granter going bankrupt after the PoA has been granted. I can't find anything on a situation where the granter was bankrupt before the PoA.


On the bankruptcy side, if the granter was made bankrupt 2 years ago, the chances are that he was automatically discharged after one year. Therefore, he is no longer bankrupt.


There are very rare situations where someone is not discharged automatically. If you check the Register of Insolvencies on www.aib.gov.uk you should be able to see whether or not the granter has been discharged.


Once you have that information, a call to the Office of the Public Guardian will - hopefully - answer your questions.