Selling house with Power of Attorney

J9rey

Registered User
Nov 23, 2015
4
Hello, My husband is on end of life care, he has had early onset Alzheimer's for 9 years, he has been in a care home for the last two years, and I have just been told he has CHC for another year. I would like to move house, I have power of attorney for him financial & welfare. I would like to know if there are any legal/financial reasons that I need to be aware of before I put the house on the market.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Does he jointly own the house with you? Assuming he does, you will need to appoint someone else to be a trustee for this specific act (selling the house) since as the joint owner, you can't act for him.
 

arielsmelody

Registered User
Jul 16, 2015
516
If you jointly own the home, what will happen to his share of the proceeds when you sell - is the plan to re-invest that money into your new house? I wonder if that would be considered to be in his best interests, so I wonder if you would be allowed to do that or whether his half might have to be put aside - it might be worth getting advice to check before you go too far.
 

J9rey

Registered User
Nov 23, 2015
4
Does he jointly own the house with you? Assuming he does, you will need to appoint someone else to be a trustee for this specific act (selling the house) since as the joint owner, you can't act for him.
We have tenancy in common.
 

J9rey

Registered User
Nov 23, 2015
4
If you jointly own the home, what will happen to his share of the proceeds when you sell - is the plan to re-invest that money into your new house? I wonder if that would be considered to be in his best interests, so I wonder if you would be allowed to do that or whether his half might have to be put aside - it might be worth getting advice to check before you go too far.
We have tenancy in common, his share will be split between our children.
 

canary

Registered User
Feb 25, 2014
11,328
South coast
We have tenancy in common, his share will be split between our children.
I suspect that you mean that in his will his share of the house will be left to his children after his death. While he is still alive the money will be his and there may be restrictions about what it can be spent on.
Will the house sale mean that you will have enough money from your half alone to buy another home, or will you have use some of his share too? If you have to use some of his share this can cause legal problems and also, the LA will consider that his share of the house sale should be spent on care home fees if he no longer gets CHC - this may bring you into deprivation of assets issues.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
We have tenancy in common, his share will be split between our children.
You'll still have to get a a trustee to act for him I believe. You should consult a solicitor. And if (it's not clear it me that this your intention) you intend at the time of sale to take your share and buy a property in your sole name and gift your husbands share to your children: well you are not acting in the best interests of the donor and you could be in seriously legal trouble.
 

J9rey

Registered User
Nov 23, 2015
4
Thank you all for replying, it appears complicated, so will now get solicitor advice.