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can i buy a property if I'm POA

Leanne01

New member
Jul 16, 2020
7
0
Hi, i care for my Aunt, but she is now in a care home, her husband has Dementia and in a Hospital, im her POA on health and Finance, not her husband. they have Separate wills , they own their property but Aunt now wants to sell the property as its been empty for a few years and this Covid has prompted her to wanting to sort things out and neither her or her husband will or can return to it . She has mental Capacity. i will inherit half of the property in her wil, her husband has left his half to close friendsl. Sorry for the long post but im wondering could i buy her property as im her POA? i would obviously get it valued and pay market value , im just not sure if id be able too x Thank you
 

nitram

Registered User
Apr 6, 2011
21,332
0
North Manchester
From what you have said I'm assuming the house is jointly owned as tenants in common.

As your Aunt has mental capacity she can sell her share in the house to you, if sold at a fair price there should not be any problems with the LA or OPG.

You would then own half the empty house with the other half owned by her husband and willed to close friends, as he has dementia his will cannot be changed, is this what you want?
 
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Leanne01

New member
Jul 16, 2020
7
0
she still makes the decisions for him, his friends were going to be his POA , everything set up for it but they have since said they no longer want to do it, we (my Aunt and I) were going to see a solicitor to see about making me his Deputy but Covid happened, we understand nothing can be altered with his will, its just that he's going to be moved to a nursing home from a hospital and they will need to start paying for his fees and My Aunt knows the money from the house will be needed
I believe you can, but have to have the consent of the OPG, depending on her husbands consent to selling. Does anyone have POA for him?
he had everything set up for his friends to be his POA, but they no longer want to have that responsibility, they themselves are elderly and not in the best health, Her husband can no longer make any decisions , My Aunt acts in his interest.
 

Leanne01

New member
Jul 16, 2020
7
0
From what you have said I'm assuming the house is jointly owned as tenants in common.

As your Aunt has mental capacity she can sell her share in the house to you, if sold at a fair price there should not be any problems with the LA or OPG.

You would then own half the empty house with the other half owned by her husband and willed to close friends, as he has dementia his will cannot be changed, is this what you want?
 

Leanne01

New member
Jul 16, 2020
7
0
hadn't thought about this , My Aunt I'm thinking is under the impression that as they both own the house and she acts in his interest that she could have sold the house and that would have been the end of it(no house to leave to anyone ) they will need the money to pay both their car home fees, he's moving from a hospital setting for his dementia to a care home.
 

canary

Registered User
Feb 25, 2014
14,002
0
South coast
Im sure your request is not unique and if you buy the house at the market value you will not be benefiting from the POA.

Nevertheless, it wont be straightforward, but I suspect that the OPG will have some sort of procedure for this. over and above someone app;ying for deputyship (with permisson to sell the house) for your dad. I recommend that you contact them and ask - although I believe that they are working on a skeleton staff ATM
 

Leanne01

New member
Jul 16, 2020
7
0
Im sure your request is not unique and if you buy the house at the market value you will not be benefiting from the POA.

Nevertheless, it wont be straightforward, but I suspect that the OPG will have some sort of procedure for this. over and above someone app;ying for deputyship (with permisson to sell the house) for your dad. I recommend that you contact them and ask - although I believe that they are working on a skeleton staff ATM
Im thinking ,ill get 3 valuations on the house for my Aunt so she knows what she's dealing with , then contact her solicitor ,
 

Leanne01

New member
Jul 16, 2020
7
0
Hi. The wills are irrelevant at the moment because they're both still alive. You can act for your aunt as you have POA, or she can act for herself if she still has capacity. Your uncle needs someone to act for him. If he doesn't have a POA then someone will have to apply for deputyship, including the authority to sell the property.
Once that is arranged, the house can be sold. Then you can ask whether you, as POA for one of the owners, can buy the house.
could my Aunt not make the decision as she still has capacity and makes decisions forherslef and him ?
 

nitram

Registered User
Apr 6, 2011
21,332
0
North Manchester
Your Aunt cannot make decision on behalf of your Uncle who lacks capacity as she is not an attorney or deputy.

She can act for herself, a deputy will have to be appointed to act for her husband.

The whole process of selling the house is doable, your plan to contact a solicitor is the way forward.