Lasting Power of Attorney Quandary

[KatieO]

When my husband went into permanent nursing care at the beginning of this year, he left me in our family home, a home he bought way back in 1963. We met in 1983 and married, but the house has always remained in his sole name.
He appointed me as his LPA on advice from our GP 4 years ago.

I'm now faced with all the problems of maintaining a large Victorian property , and all the financial costs involved having to engage tradesmen for work which my husband had always carried out himself. It's a large 4-bedroom house with extensive gardens, again they were his daily project - they now require professional maintenance. It has cellars and attic, and all this requires expensive heating and lighting, costs of which is constantly increasing, even though I try to restrict myself to a small number of rooms.

I have decided that sensible and most logical thing to do is to downsize. This also means that moving to a smaller property might free up additional capital towards his care fees.

PROBLEM - am I likely to face any legal issues if I put the house on the market as his attorney ? I understand any property bought would have to be in his name anyway., which is fine.

Has anyone else out there faced the same issue? I'm 80 years old and am finding the whole problem such a major worry.

 

[Shedrech]

Hi @KatieO
I think you are fine to deal with this ... though a good solicitor/conveyancer ought to be able to guide you through so ask any you are considering whether they have dealt with LPAs before

You can check with the OPG themselves by phone or email to set your mind at rest
contact details are at the bottom of this linked page

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

www.gov.uk

This may help

Solicitors for the Elderly | SFE

SFE is a national association of independent lawyers who specialise in legal services for older and vulnerable people. Find an SFE lawyer today.

sfe.legal

 

[KatieO]

Hi
Thanks so much for the reply. I did recently speak with an SFE and her response really upset me. On asking my age, she advised me to simply 'stay put' - in her opinion, she thought it 'extremely unwise to consider such moves at this point in your life'! That was without having any real knowledge of my personal circumstances and what the alternative would be if I did remain here.

I will certainly contact the OPG - an obvious thing to do which I'd not considered.

Thank you again. Much appreciated.

 

[jaymor]

If the new house, one to suit your needs, is put into your husbands name and any funds left over are put into his sole account then I can’t see a problem at all. As long as you work in your husband’s best interests and make no monitory gain yourself then you are following the right path regarding the LPA.

Yes there is a lot involved in buying and selling but if you feel you can manage that then go for it. A nice friendly solicitor would help.

 

[jugglingmum]

On asking my age, she advised me to simply 'stay put' - in her opinion, she thought it 'extremely unwise to consider such moves at this point in your life'! That was without having any real knowledge of my personal circumstances and what the alternative would be if I did remain here.

Unfortunately it sound like this person didn't have a clue. Please put this bad experience behind you and find an SFE who listens to you and your circumstances, not all professionals are good at understanding individual circumstances and it sounds like this one isn't suited to her job.

It might be she was trying to protect you from having to put funds in his name to pay for his care but it sound like your large house is a millstone round your neck which you no longer enjoy. Go for it and hopefully life will be easier.