Obtaining Power of Atourney

[Lenco]

My wife who has dementia, is 80 years old and our house is in joint names. My problem is that I have been told by my solicitor that it is not possible to get power of aturney so that we could sell the house. What else can I do?

 

[nitram]

An application can be made to the Court of Protection to allow the sale, the COP fee will be £400. A trustee will probably have to be appointed to protect your wife's interest.

Any solicitor should be able to organise this together with any proof of incapacity required by the COP

 

[pamann]

Hello lenco, welcome to Talking Point, you have come to the right place for help and advice. I could not get POA because my husband has no mental capacity. My solicitor is applying to the courts so that l can get Deputyship, you can get the forms to fill in and do it yourself, it will cost you £400 payable to the courts, my solicitor's charges are quite expensive. I only need Health and Welfare, not for finances. Hope this has helped you.

 

[cragmaid]

Hello and welcome to TP. Does your wife still live at home, ( not essential) and does she understand that you would be moving house....if so, then she probably has capacity to a) either go ahead with the sale and purchase of a new house and b) sign a Lasting power of Attorner form to grant you POA.

If she does not have capacity then you will have to apply to become a Deputy and seek permission from the COP.