Selling Mums house under POA

Status
Not open for further replies.

JayneB6367

Registered User
Dec 18, 2013
38
0
Hi All,

Has anyone sold their parents house using their POA. We are selling Mums to pay for her care but I am concerned there will be issues the estate agent hasnt warned us about as we progress.

We have POA for finance and health plus a mental capacity for Mum stating she cannot make her own decision.

I am may be worrying unnecessarily but so far everything we have done for Mum has been costly and complicated. They make everything so difficult don't they.

If anyone has any experience to share I would be grateful.

Thanks
 

jugglingmum

Registered User
Jan 5, 2014
7,110
0
Chester
I'm in the process of selling my mum's house, no issues re POA as yet. Solicitor needed some ID for mum, which I used DWP letter and care bill from where she lives now.

You'll need a solicitor and most of them are familiar with POA I guess.
 

balloo

Registered User
Sep 21, 2013
227
0
northamptonshire
Hi All,

Has anyone sold their parents house using their POA. We are selling Mums to pay for her care but I am concerned there will be issues the estate agent hasnt warned us about as we progress.

We have POA for finance and health plus a mental capacity for Mum stating she cannot make her own decision.

I am may be worrying unnecessarily but so far everything we have done for Mum has been costly and complicated. They make everything so difficult don't they.

If anyone has any experience to share I would be grateful.

Thanks

simple and straight forward we just signed insted on mum
 

love.dad.but..

Registered User
Jan 16, 2014
4,962
0
Kent
I am just about to exchange contracts on dad's house as his attorney as care funds needed sadly, no problems at all with either agent, purchasers, mine or their solicitor. I just sign everything as his attorney. You will have to provide ID for you and your mum, sight of poa etc but I haven't had any problems. I think the poa/house sale scenario is becoming more common unfortunately.
 

Dustycat

Registered User
Jul 14, 2014
215
0
North East
I've just completed the sale of my Dad's property using POA. It was much less hassle than I expected. Best of luck. Xx
 

Crunchy

Registered User
Feb 21, 2016
43
0
I had to sell my parent's house last year. The hardest part was clearing it to a level where I could make it look presentable enough to sell, it took me nearly six months.

One of the most important things is to make sure you find all their documentation and file it for later use. In my case I went through every box full of paper and had two bin bags and two small boxes next to me! One for for rubbish, one for recycling (tons of junk mail and catalogues mainly), a box for memorabilia like personal letters and cards, and a box file for all bills and bank statements. I designated one room in the house for stuff for charity and ended up giving five van loads to Age Concern as they had a driver who would come to collect it. My parents never threw anything away........

As I went along, I filed all the financial bumph I found and ended up with huge files and many file dividers for each of them. It was worth it because then I could start the long process of sending my LPAs off to gas, elec, insurance companies, and all services before I actually got an offer on the house. If you can get multiple copies of your Power of Attorney documents it will save you a lot of time, as nearly every company wants to see a certified copy.

My parents savings were scattered all over the place, I think financial advisors must have told them to spread their risk, and in some cases all I found was one very very old statement. The whole process is like a convoluted treasure hunt that you never asked to join ;)

Once I got an offer for the house, I got loads of questions about boundaries and meter locations, but I was just honest with them and said I never lived in that house, so there were many things I could only guess at. I was glad I'd saved all receipts for window replacements and any extra bits added to their house, as there are questions about conservatories and boiler servicing etc on the questionnaires you have to complete before exchange of contracts.

It was a very sad thing to do, as my father was devastated at having to leave his home, and his dementia made him paranoid that people were stealing his stuff and at one stage he even accused me of selling their house for my own financial gain, very hurtful. We ended up keeping boxes and boxes of their favourite possessions and making a memory shed in our garden for my parents to visit, which made it slightly easier than having to chuck the lot away. Be warned, you will probably find an awful lot of personal secrets that you wish you hadn't seen :(

Good luck, I hope your parents were tidier and more organised than mine x
 

Crunchy

Registered User
Feb 21, 2016
43
0
Oh I forgot to say, keep a file of all your expenses and receipts involved in selling their house, as you can claim all petrol, van hire, skip hire, removals, packaging materials, legal expenses, etc from your parent's money. It feels weird, but I don't have the salary to fund such costs and as attorney you are entitled to refund such costs. I split them down the middle and repaid costs equally from my mum and dad's money. When their house was sold I also split the profits between them as I wanted to keep their finances separate.

Edited to say apologies I've referred to parents rather than one parent, good luck with your mum x
 
Last edited:

Grannie G

Volunteer Moderator
Apr 3, 2006
81,795
0
Kent
I sold my mother`s house to pay for her care.

We had no problems with the legal and financial details. Our problem was having to accept a much lower valuation than expected because the house was in such a state of neglect.
 

JayneB6367

Registered User
Dec 18, 2013
38
0
Thank you all for taking time to reply. You have put my mind at rest.

You are so right that the hardest thing is clearing the house like Mum has died when she is still here. So many memories that just break your heart.
 

KingB

Registered User
May 8, 2011
254
0
Berkshire
I bought my parents' house - so I was both selling it under POA and buying it.
I had to use separate solicitors to avoid conflict of interests.
The only issue we encountered was that we had to get permission from the Court of Protection (and I think permission is needed if EITHERselling to someone connected to the sellers [which we were] OR if selling below market value [which we weren't]).
So I think you need to be aware of current market value (in our case we had three estate agent valuations, and explained we the situation to them so that they would give us their lowest valuation rather than an optimistic one) and just be aware that if you end up selling below that valuation by any appreciable amount you may need to seek COP permission which takes a bit of form filling and takes a while to come through. I would expect it to be picked up by the solicitor if that was needed. And keep the evidence of market value somewhere safe just in case anyone queries it later.
 
Status
Not open for further replies.