Messages from our Commercial Members - Lincolnshire Care Association

 

 



08/01/2025   Wilkin Chapman - Selling a property under Power of Attorney

Selling a property under a Power of Attorney

Stephen Watson, Senior Associate at Wilkin Chapman

We appreciate that for some care home residents or their families, the sale of the family home may be the last thing on their mind. However, in many cases it is a situation thrust upon them to assist with the payment of care home fees.

As an owner of a care home, you may be asked about how to go about this process to enable to the payment of fees.

In the conveyancing team at Wilkin Chapman, we specialise in a wide range of property matters which includes sale of property by power of attorney and can assist an attorney who is acting on behalf of someone who has lost mental capacity (the donor), with the sale of a property.

We would need to check what type of power of attorney is held. Enduring Powers of Attorney (EPA) were replaced in 2007 by Lasting Powers of Attorney for Property and Finances (LPA). However, both can still be used in this process.

Our specialists understand how difficult it can be for an attorney to step into the shoes of a family member or friend when selling their property. To this end, we endeavour to ensure that the process is as smooth and stress free as possible for the attorney so that they can fully concentrate on the donor.  

Here are a few tips for attorneys before selling:

  • Ensure the attorney deed is registered
  • Check whether there are any restrictions in the LPA/EPA to prevent you from acting
  • Seek valuations from at least three different firms and decide upon the best one before placing the property on the market
  • Seek professional legal advice on the sale of the property
  • Notify insurance providers, council tax and other utilities and arrange postal redirection
  • Check before clearing any of the donor’s property. It could have been left to a family member or friend in their Will

Seeking advice from an expert is imperative. It is as much about protecting yourself as it is about acting in the donor’s best interests.

If you know someone who needs assistance in this area, please contact Stephen Watson on 01472 262656 or email [email protected]

Our conveyancing specialists also deal with sales and purchases of freehold and leasehold properties, new build transactions and re-mortgages. This is not an exhaustive list of our expertise. so please visit www.wilkinchapman.co.uk for further information.