Can I Sell My Mother’s House With Power of Attorney UK?
If you have a loved one who is unable to handle the sale of their property due to mental capacity, you may be wondering if you can use a Power of Attorney (POA) to handle the sale on their behalf. The answer is yes, you can use a Lasting Power of Attorney (LPA) to sell your mother’s house in the UK.
When someone is unable to make decisions for themselves due to mental incapacity, an LPA allows them to appoint someone they trust to make decisions on their behalf. An LPA for Property and Finance allows the attorney to make decisions about the sale of a property, such as selling a house.
If your loved one has mental capacity: Assuming other circumstances are preventing them from dealing with the sale themselves, the best way to proceed with selling a property on their behalf would be by using an LPA. Your loved one can grant an LPA for Property and Finance, appointing you as an attorney.
The attorney will then be able to act on your loved one’s behalf in relation to the sale of the property. This includes finding a buyer, negotiating the sale, dealing with the conveyancing process, and ensuring the sale is completed.
The attorney will also be responsible for ensuring that the proceeds of the sale are used in accordance with your loved one’s wishes. This could include using the money to pay for care fees, or to provide financial support for family members.
It is important to note that an LPA does not give the attorney the power to make decisions about the property itself. The attorney is only able to make decisions about the sale of the property. Any decisions about the property, such as making changes to the structure or renting it out, must be made by the person with mental capacity.
In conclusion, if your loved one has mental capacity, you can use a Lasting Power of Attorney (LPA) to sell their house in the UK. The attorney appointed by the LPA will be able to handle the sale of the property on their behalf, ensuring that the proceeds are used in accordance with their wishes.
