Sale of home using Finance & Property LPA

PaulC10

Registered User
May 29, 2013
32
0
London
Long story short.

Father in care receiving s117 funding following Section 3 treatment.

Brother and I have registered both Financial & Health LPAs but not yet taken step of asking GP to judge whether Dad no longer has capacity to make decisions and therefore enable us to implement Health LPA but have used Finance one to obtain access to bank accounts on his behalf.

It is clear he will never be in position to return to his own house and intermittently talks about selling it but we know that when it camet to the crunch he's likely to refuse to sign any contracts etc.

Does the Finance LPA empower brother & me to complete sale without his involvement provided we can evidence it is in his interests to do so?
 

nitram

Registered User
Apr 6, 2011
30,072
0
Bury
"...Does the Finance LPA empower brother & me to complete sale without his involvement provided we can evidence it is in his interests to do so?..."

Yes, as long as neither of you have a financial interest in the property, else a trustee would have to be appointed.

You could email customerservices@publicguardian.gsi.gov.uk for clarification which would give you written confirmation of their response.
 

PaulC10

Registered User
May 29, 2013
32
0
London
"....Yes, as long as neither of you have a financial interest in the property, else a trustee would have to be appointed. "

Thanks for the advice and will certainly check with public guardian office - from your knowledge of the topic do you believe fact that we are sole beneficiaries of our father's Will could be construed as us having a financial interest and therefore require involvement of trustee?
 

nitram

Registered User
Apr 6, 2011
30,072
0
Bury
No, you only gain an interest when he dies.

A common situation is that the attorney is a spouse owning the property with the donor. The spouse can't act both for themselves and also as attorney for the donor, a trustee has to be appointed to protect the donor's interests.
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Can I also suggest that you read the specific wording of the LPA. Does it include authority to sell the property. Some people, when drawing up these documents are very precious about their home and therefore specifically exclude your ability to sell it.

Fiona
 

Aquamanda

Registered User
Jan 8, 2012
225
0
From a personal point of view, selling the home was no problem at all. I had POA and we used the solicitor who had drawn up the POA to do the conveyancing etc on the house. My mother was in a CH and there was no way she could go home. The house sale money was needed for care home fees. It just got sold with me signing everything as POA, no other documentation needed or investigations, etc.
 

PaulC10

Registered User
May 29, 2013
32
0
London
Thanks to all who have contributed.

Sounds like position should be relatively straight forward as property is solely owned by Dad and there are no exclusions of any sort in the LPA.

Still going to be a difficult thing to do on the emotional front as it's the house in which he and my late mother lived almost their entire married life and in which both my brother and I were raised so facing up to fact that selling it is the right thing to do isn't easy. ...but then nothing related to this horrid illness is !
 

PaulC10

Registered User
May 29, 2013
32
0
London
Chapter ALMOST closed

House sale almost concluded - belongings removed, some taken to Dad , some retained by family , some left for new occupier and some donated to charity.

My final visit there last weekend with brother, first time we'd stopped there together since Dad was 1st sectioned almost a year ago!

Brother back up to finish off clearing last few items this week and sale completes Friday 13th - hope that's not an omen !
 

Norfolkgirl

Account Closed
Jul 18, 2012
514
0
House sale almost concluded - belongings removed, some taken to Dad , some retained by family , some left for new occupier and some donated to charity.

My final visit there last weekend with brother, first time we'd stopped there together since Dad was 1st sectioned almost a year ago!

Brother back up to finish off clearing last few items this week and sale completes Friday 13th - hope that's not an omen !

You are very lucky to have a loving and genuine brother to help and be there for you and your dad, very lucky indeed.
 

garnuft

Registered User
Sep 7, 2012
6,585
0
If I remember right, it was the sunny city of Sunderland which your Dad hailed from, just up the coast from me and our local football team.

I hope your Dad is settled and comfortable now, it's good you and your brother had some time there again, a place full of memories that you can take with you.

I think Friday 13th is another reason for you and your brother to have a wry smile and remember your Mam, Dad and all the years. :)

A good ending to a chapter.

Best wishes to your Dad and well done for sorting it all out without too much angst.
 

PaulC10

Registered User
May 29, 2013
32
0
London
Garnuft - Well remembered, my Dad is indeed a Mackem , although rumours that his return to Sunderland from Newcastle was in any way connected with Jack Colback's move in the opposite direction remain pure speculation.

It does feel good to know he's back in his home town and hopefully a home better suited to his needs.

Norfolkgirl - You''re right, despite us having a strained relationship in our teens, as I'm sure most siblings do, we have been fortunate to see eye to eye about care for Dad, something which I suspect, by the tone of your note, has not been your experience. I can only pass on my hopes that things improve for you. Best wishes

Paul
 

garnuft

Registered User
Sep 7, 2012
6,585
0
although rumours that his return to Sunderland from Newcastle was in any way connected with Jack Colback's move in the opposite direction remain pure speculation.

Ha! Bet yer Da would laugh at that in better circumstances.

Best wishes, hope things go smoothly for a long time.
 

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