I haven’t got lpa

[Boutinette]

Hello
My husband is a nursing home and although he hasn’t had an official diagnosis of dementia , he hasn’t got mental capacity and he certainly has delirium
I haven’t got LPA
Can I sell his car ? ( whatever happens , he won’t drive again as he hasn’t got mobility )
Also , we own a narrowboat which is in both our names : so , again , can I sell it ?
I would be grateful for advice please

 

[SAP]

I’m not sure if this link includes a narrow boat as property but I’m assuming it does.

Joint property ownership

Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants

www.gov.uk

As you can see, you will need to apply for deputyship first.
It might be the same for the car if your husband is unable to understand what he is signing for . I would suggest the best thing to do would be contact the Court of Protection for clarification.

Enquiries​

Contact the Court of Protection for help and to find out if you need to fill in other forms.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges
You can also write to the Court of Protection or visit the public counter.

 

[nitram]

May not be strictly legal.
I would try to sell both items putting proceeds into a joint account unless either was purchased from a sole account in which case I would put proceeds for that item into that account.

 

[nitram]

he hasn’t got mental capacity and he certainly has delirium
I haven’t got LPA

Has there been a recent event that could have caused the delirium?
If so did he have capacity immediately before the event?
If both answers are 'yes' there is a chance that he may regain capacity, ask his GP.

 

[Boutinette]

Has there been a recent event that could have caused the delirium?
If so did he have capacity immediately before the event?
If both answers are 'yes' there is a chance that he may regain capacity, ask his GP.

Yes and yes
So maybe I just need to hang on

 

[Boutinette]

May not be strictly legal.
I would try to sell both items putting proceeds into a joint account unless either was purchased from a sole account in which case I would put proceeds for that item into that account.

We haven’t got a joint account
I would have to put proceeds in his account

 

[nitram]

Yes and yes
So maybe I just need to hang on

No harm in starting an online application which can be saved, reviewed. and amended.
You can enter his details and in moments of clarity talk about what it is and ask him about attorneys.
This way you could have applications ready for signing by the certificate provider if he regains capacity.

 

[nitram]

We haven’t got a joint account
I would have to put proceeds in his account

Do that and if he regains capacity split the joint account into two sole accounts, split should be halves unless adjusted for something like an inheritance.