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CoP Deputy Permission to sell house with declining dad

Discussion in 'Legal and financial issues' started by And247, Jun 22, 2015.

  1. And247

    And247 Registered User

    Aug 21, 2014
    17
    Northumberland
    Hello

    I am a CoP Deputy for the finances of my dad who is in care home following a significant stroke over 18 months ago. My mum died earlier this year and her will assigned all her assets to dad including the jointly owned house. Hence I am in the process of applying for additional permission to appoint two 'trustees' to be able to sell his house on his behalf, (expected to arrive soon).

    Around a month ago my dad's health started to fade quiet quickly and at the minute it looks like he may not be with us for long.

    When (if) permission is granted to sell his house and the two trustees then are in the process of selling his house and he then sadly dies, I assume the legal powers dissolve and we have to pull out of selling.

    But what happens if they are at the stage of 'exchanged contracts' with a new buyer and we then loose the powers?

    I will of course seek legal advice about this process before we start to sell the house and it will depend on dad's health at the time.

    But any words of advice at this stage?

    Many thanks And
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,035
    Male
    North Manchester
    Get legal advice now, or maybe just let things happen and cross bridges if you come to them, no point in alerting would be purchasers, let them think themselves into their new house.

    My lay person's view would that is no different to any vendor dying before the sale is irrevocable complete.

    Assuming that the beneficiary wants to continue with the sale the purchaser will have to wait till probate is complete.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,536
    Female
    South coast
    I have CoP deputyship for mum, who is in a care home and I am in the process of selling mums home (no buyer yet).
    As far as I am aware, the position is just as nitram described. Mum is not poorly, but I know that with dementia things can happen very quickly. Im going to continue and just keep my fingers crossed that all goes through. Are you concerned about having to pay the care home fees if he passes away? I think most CHs would take an understanding view point under the circumstances.

    Edit to say - could you contact the CoP about this as they would know the legal situation? I have found them very helpful.
     

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