Land registry changed goal posts re selling with lpa

Discussion in 'Legal and financial issues' started by jen54, Dec 5, 2018.

  1. jen54

    jen54 Registered User

    May 20, 2014
    234
    Just been called in to see solicitor some months since I sold mum's house, and thought all done.
    No issue with poa through sale, and solicitor had no issue taking dad off register and changing mums mis spelt name using poa.
    Now months after completion, the buyers solicitors cannot register the property as land registry not accepting poa.. They want evidence that mum cannot instruct solicitor, a formal letter saying she has dementia or solicitors need to visit mum to asserts in she is who she is..
    The solicitor cannot see anything in law about this.. Poa doesn't require mental incapacity.. But land registry has suddenly brought this requirement in in the last few weeks.
    Solicitor said several sales being held up due to this.
    Ow I have to get a letter from HP or Carehome stating dementia..
    Or have sicitor goung in and distressing my mum
    Nothing in law, nothing online.. This evidently just changed a few weeks ago..
    Doesn't make sense as the actual sake went through all OK, done and dusted
     
  2. Louise7

    Louise7 Registered User

    Mar 25, 2016
    576
    There was a thread here about this recently and the general view seemed to be that the problem may have arisen if the POA specifically states that it can only be actioned when capacity has been lost: https://forum.alzheimers.org.uk/thr...atisfy-the-land-registry.111992/#post-1580019

    Does that apply to your financial POA, or does it state that it can be used with or without capacity? There is a question on Page 6 - 'When do you want your attorneys to be able to make decisions? - 'As soon as my LPA is registered' or 'only when I don't have mental capacity'.
     
  3. jen54

    jen54 Registered User

    May 20, 2014
    234
    #3 jen54, Dec 5, 2018
    Last edited: Dec 5, 2018
    The lpa is for use with no need for mental I capacity. As we were advised done years back that going that route is hopeless, we had to be poa for mum as she couldn't do anything for herself, but wasn't deemed to have lost mental capacity..
    The house sale was completed on the lpa, it does not require mum to be mentally incapacitated and all went through OK and legally
    It appears this is a rule change within the land registry,
    It seems to have changed between the solicitor being able to change the land registry with the lpa just before completion(ironically the buyer wanted the register changed to take my dad off and correct mums name spelling, so it would go smoothly at deed transfer on completion)..
    . To the buyer's solicitors not being able to use the deed transfer form with lpa.. As has been the case up to now. Whether the buyers solicitors delayed trying to register I dont know but Completion was last week in August.. Only a couple of weeks after poa was perfectly acceptable..
    I don't know if any warning was given.. If not I feel its bad, as one week old rule applied.. The buyer even delayed completion by two weeks.. If warning had been given about rule change.. He would have completed and registered quicker..
    This seems nonense,
    My solicitor has been augueing with land registry for more than two weeks over the legal stance, it seems they are placing them selves above the court of protection..as said she says they have several sales being held up over this
    I am quite exasperated.. I kept repeating that our lpa is not dependant on mental incapacity.. I am sure both sicitirs and registry couldn't have misread it.. Lol
     
  4. Louise7

    Louise7 Registered User

    Mar 25, 2016
    576
    That's worrying. I haven't been able to find anything via a google search about this apparent change by Land Registry and will be selling my Mum's house next year so will be in the same position!
     
  5. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,334
    I've been wandering through this document https://www.gov.uk/government/publi...than-12-months-old-evidence-of-non-revocation which was updated on November so I would assume it is current. Now I haven't found anything to suggest that what you are enduring is normal practice but my review was cursory and I'm not a solicitor so...

    The one thing I did see was relating to how long ago a POA was registered and proof that it was still valid. I'm wondering if this is in fact the issue - by proving that your mother has lost capacity that provides certainty that the LPA can't have been revoked. But it's just a wild guess I'm afraid.

    I think in your place I would the AS helpline a ring. Even if they can't help with your specific situation I can see it as worthwhile because it would give them a heads up that this might be a problem for others.
     
  6. sinkhole

    sinkhole Registered User

    Jan 28, 2015
    223
    Personally, I'd go to the source, contact the Land Registry and ask them what the current policy is. Get it in writing.

    It doesn't sound right to me as once your Financial LPA is registered, you shouldn't have to prove mental capacity unless it was a condition.

    https://www.gov.uk/guidance/contact-hm-land-registry

    There is a possibility this is Solicitors creating work. That's cynical me talking.

    Otherwise, maybe it's just the age-old problem of individuals not knowing the rights of an attorney. Educate them or go around them and find someone else in their organisation who does know your rights.
     
  7. Elle3

    Elle3 Registered User

    Jun 30, 2016
    460
    I found this link too which I’ve read through, which I posted on the other thread

    https://www.gov.uk/government/publi...uide-9-powers-of-attorney-and-registered-land

    I’ve just recently completed on the sale of my dad’s house, November, so now wondering if I’m going to be having to deal with this in a few months time.

    I also think the only thing that could raise issues is to do with how long the LPA has been issued, just in case it had been revoked.
     

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