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Trustee Forms for House Sale

123jump

Registered User
Jun 6, 2020
10
Hi,

I'm struggling through these Trustee forms and wonder if anyone has experience?

We are in the process of applying for Deputyship and to be Trustees for mum who had a stroke and is in a care home (Trustee to sell jointly owned home). Dad is also now in a care home with mixed dementia. My brother and I have POA for dad.

On the Trustee forms, (COP12), is Dad a 'Continuing Trustee'? And does he need to sign (which may be a problem).

Thanks or any advice- the phone lines are so busy at the moment
 

nitram

Registered User
Apr 6, 2011
20,284
North Manchester
Your dad is a 'Continuing Trustee'

If he has lost mental capacity you or your brother can sign as LPA (both sign if not joint and several power).

If he has mental capacity but physically unable to sign best check with the OPG/COP as H&W normally cannot be used with somebody who has mental capacity.
If the inability to sign was an injury he could make an X and have a witness certify.
Maybe an illegible squiggle will do.