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Elderly parents

POA and England/Scotland

4 replies

ragdollemma · 21/08/2019 15:25

I know the systems are different in England and Scotland.

If the elderly person is living in one jurisdiction, and there are two people with POA (such as adult children) and one of the POA appointees lives in England and another in Scotland, does that create complications?
And would that be the case under both the English and the Scottish systems?

(Parents thinking of possibly moving to Scotland but currently in England. POA is not currently set up but it is something we are discussing.)

Can you set up POAs under the English and/or Scottish systems while not living in them? (eg so that if after the POA was activated, they could move to/from England/Scotland and the agreement was already in place)

OP posts:
lavenderandthyme · 25/08/2019 12:40

Bumping as I am also concerned about this. I have POA with siblings, but two of us live in Scotland, one in England. My mother lives in Scotland.

TitianaTitsling · 25/08/2019 12:46

We live in Scotland and hold PoA for family member in England. As far as am aware the PoA documentation would be drawn up by solicitor from wherever the person would be living at the time drawn up, the residency of the PoA wouldnt matter, but the difficult thing would possibly be when the powers were being used maybe? Say if being used to sell a house?

TitianaTitsling · 25/08/2019 12:50

Sorry that's a bit rambling and prob of no use! For info re Scotland you could try the Office of the Public Guardian as they could have info on this.

Coffeethrowtrampbitch · 25/08/2019 12:56

Dh is joint POA with his stepmum's friend for her, stepmum and friend are resident in England and we are in Scotland.

We signed the forms last time we visited, as long as it is done in the jurisdiction of the person requiring POA it is valid no matter where the people being given POA reside.
It is slightly more complex in Scotland, you have separate POA for medical and legal, but as said above the Office of Public Guardian can advise you and it's quite easy to fill out both forms.

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