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Ask Buachaill Your Own Question
Category: Scots Law
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how could my mother have obtained power over my grandfather?

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I would like to know how my mother would have obtained POA over my grandfather even though he would have not been in a sound state of mind to sign anything due to dementia. I would also like to know how she can sell his house against his will, or make changes and write family members out of his Will. I am very concerned that my mother is seriously abusing the power of attorney by selling his house, changing his will and siphoning off his money into her own accounts (possibly a Turkish account). can i do anything to prevent what i or anyone with a heart would consider to be theft. is there anyway to contest the POA due to misuse and can i ask that the money she would have stolen be returned to my grandfather.

Even though my grandfather has dementia would he be able to revoke or transfer the POA.

Kind Regards XXXXX XXXXX

Buachaill :

1. As you are probably aware, a valid power of attorney can only be created if the person who creates it, is of sound legal mind and capacity. Accordingly, any exercise of a power of attorney by your mother in connection with your grandfather can be challenged if your grandfather was not of full legal capacity when it was made, whether due to dementia or otherwise. Secondly, a power of attorney gives no power to alter or re-create a will. A will can only be made by the person themselves and then only if they are of sound legal mind. Here your grandfather, if he has dementia cannot make a valid will and any such will is invalid as your grandfather has dementia and is not of full legal capacity to make a will. If your mother has been using an invalid power of attorney in relation to your grandfather, then you can issue legal proceedings to challenge it and have all transactions which have taken place set aside.

Buachaill :

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Customer: replied 4 years ago.
When you say chalenge it and have all transactions set aside dose that mean she wont have to return the money she has stolen? What will happen to the house?