power of attorney

[fanjodisfunction]

Power of attorney, I realise the person has to be mentally capable to sign. but what happens if they aren't but you still need to act on their behalf? Does it go to next of kin or ?

I'm asking as regards to the sale of a property.

In scotland you would need to apply to the sheriff for guardianship. It doesn't automatically go to next of kin. CAB should be able to advise.

England / Wales you would apply to the court of protection for a decision

If your in England or Wales have a look here:
www.gov.uk/courts-tribunals/court-of-protection