Can't sleep for thinking about this

[Jean1234]

When I saw the solicitor today she said that if I wanted to sell the house in the future, even though I have the power of attorney for my husband I would not be able to do it without a replacement Attorny acting on his behalf. This was the same if the house was in joint names or in tenants in common. If my husband trusts me to look after his affairs and has signed to that effect why not? And if not what is the point of him giving me power of attorney? In spain I was able to sell the house on his behalf so why not in England. Did I misunderstand her or an I being stupid?

 

[Kevinl]

No you're "being stupid Did I misunderstand her or an I being stupid? " but in the UK there is a requirement for some one looking after his interests too.
Not that I'm in anyway implying that that's not what you're doing but the rules are so "tight" to stop you exploiting a person have gone beyond common sense, possibly.
What's seen in Spain as being the obvious thing isn't necessarily OK over here.
K

 

[jenniferpa]

Actually it's not really to do with the LPA but the effect of the the Trustee's Act. This thread is about exactly the same situation and explains why this is necessary

http://forum.alzheimers.org.uk/showthread.php?93920-Can-my-mother-in-law-sell-her-house

 

[Jean1234]

Thanks

Actually it's not really to do with the LPA but the effect of the the Trustee's Act. This thread is about exactly the same situation and explains why this is necessary

http://forum.alzheimers.org.uk/showthread.php?93920-Can-my-mother-in-law-sell-her-house

Thank you. The thread does explain it clearer. The appointment with the solicitor was a bit rushed and it's always better to see things written down. I understand that they want to make sure you are not taking advantage of the person with dementia and don't know that you also have his best interests to heart.