1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

Selling house with POA

Discussion in 'Legal and financial issues' started by Vivnewcastle, Apr 28, 2015.

  1. Vivnewcastle

    Vivnewcastle Registered User

    Aug 29, 2013
    4
    I am an only child and have registered POA's for each of my parents, who have both been in residential care for 18 months+. I am selling their property, to assist with care home fees and the conveyancing has been progressing. I have received an email from my solicitor saying the purchasers are raising a technical legal issue with regard to the Lasting Powers of Attorney which is currently being investigated and may delay completion. They are querying whether I am able to transfer the property as Attorney solely for both of my parents. Help, I cannot see what the problem is. I have no interest in the property and the proceeds are to be invested in their name.
    Any guidance
     
  2. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    Hi Viv. It seems from your post that your parents' property is in their joint names, and that you are selling the property as sole attorney for both of them. Is that the case?

    I think the problem you may have is that whenever you have more than one owner of a property you have a trust, and that where you have a trust you need at least two trustees/sellers to sign the documents to sell. And there is just you.

    This can be overcome by the appointment of a second trustee which need not be too complicated or expensive. Your solicitors should be able to advise you on this.
     
  3. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,192
    Female
    Chester
    I would have thought that you would need to sign the document twice as attorney for your dad and for your mum.

    sounds like they haven't come across this before and are just checking it out.

    I'm not sure about 2 owners creating a trust but think you need 2 signatures, one for each interested party but you should be able to sign twice. Try phoning the OPG as they are normally helpful.
     
  4. nmintueo

    nmintueo Registered User

    Jun 28, 2011
    847
    UK
    Curious. But can't your solicitor explain what the precise issue is? He's in a better position to know than us ...
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.