Selling a house using a registered EPA

Discussion in 'ARCHIVE FORUM: Support discussions' started by CraigC, Jun 25, 2007.

  1. CraigC

    CraigC Registered User

    Mar 21, 2003
    6,630
    London
    Hi All,

    Has anyone been through the process of selling a house/flat using a registered EPA. I need to put the sale through and the flat is jointly owned by mum an dad. Only the one EPA is being registered (for dad as he has dementia).

    The solicitor will help with most of this, but I'd like to be aware of any pitfalls in case there are any surprises on the way.

    I'm guessing that we (the attorneys) will need to sign paperwork at completion to transfer the house AND provide the original EPA or a certified copy at the same time.

    Any other gotchyas? Grateful for any advice or first hand experiences.

    thanks
    Craig
     
  2. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    I sold our house last year, and Jan is the subject of a registered EPA, for which I am the Attorney.

    In the sale of a house under these circumstances, I believe it is mandatory to appoint a trustee to look after the interests of the person who is the subject of the EPA. The attorney can't do that.

    Our house sale was not without incident, but not on account of the EPA situation. That seemed to work well.

    I checked with the AS Help Line legal person, the Public Guardianship Help Line, and the solicitor I retained to handle our side of the sale [and in our case, purchase of a new place] to ensure they all had the same story.

    The trustee was a long term friend of Jan and myself. He was only required to oversee the process.
     
  3. CraigC

    CraigC Registered User

    Mar 21, 2003
    6,630
    London
    Bruce,

    Not heard of the trustee requirement. I wonder if you needed a trustee as you were part owner of the house as well as an attorney?

    I'll double check with the solicitor.

    many thanks
    Craig
     
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Craig: I assume you've seen this from the EPA booklet?

    Can I sell the donor’s house?
    You can do this if you feel it is in the donor’s best interests, and as long as there are no restrictions or conditions in the EPA which prevent it. You must be sure there is no reasonable chance that the donor will be able to return to live at home. You should explore other options, such as letting the property.
    You do not need approval from us or the Court of Protection, but you must contact us if for any reason:
    • the sale is below the market value;
    • you want to buy the property yourself; or
    • you want to give it to someone else.
    If you do not contact us about this, the EPA may be cancelled.

    There's also a leaflet on there about selling the property as a reciever, but I don't think it's terribly relevent to your situation. This is it if you want to glance at it.
    http://www.guardianship.gov.uk/downloads/PN4.Apr07.pdf
     
  5. CraigC

    CraigC Registered User

    Mar 21, 2003
    6,630
    London
    Thank Jennifer. The leaflets are very FAQ style and not particularly specific. I'm going to ring them up and speak to the solicitor. Looks like another minefield.
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Yes, to be honest they should have waaaaaay more about selling property: if you own any property it would probably be your biggest asset, and is undoubtedly the largest chunk of change any attorney would have to deal with.
     

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