We were referred a matter where the client had already signed all the paperwork to sell her house without the selling solicitors realising that the title was in the name of the client’s mother and not in the client’s own name, as she had thought.
The client’s mother was by then in care and had lost capacity. No Power of Attorney had been granted while she had capacity.
We had to send an application to the Sheriff Court to have interim powers awarded to a Guardian (our client and the lady’s only daughter). We obtained the necessary reports under Section 57 of the Adults with Incapacity (Scotland) Act 2000 in time before the matter to go to court.
This allowed the sale of the house to settle. It avoided a breach of contract in the client’s sale (actually her mother’s sale) and it also avoided the client being in breach of contract in the purchase which she was about to effect.