Using POA to sell home

[LittlePollyP]

Hi

My mum is 93 and has been self funding in residential care since 2022. She was formally diagnosed as lacking capacity due to Vascular Dementia in January 2023. I have POA for finances.

My brother, (who lives outside the UK), and I now wish to sell her house and invest the money to continue funding her care. There is no immediate financial need to sell her home as she can probably continue to self fund for a further 18 months before she reaches the £23,250 threshold. However, I am struggling to keep up with the maintenance of her house (especially as my father in law recently died and we have his house to sort out), and the house is now starting to wear an air of neglect.

My question is, can we legally sell mum’s house given that there is no immediate financial reason to do so, and if so, what do I need legally other than my POA docs? (Mum would hate the fact that we are selling her home, but unfortunately she can’t never return safely both mentally and physically).

Thank you

 

[nitram]

Assuming no clause in the LPA restricting the sale all you need for authority to sell is the LPA plus IDs for you and your mum.
You might have to prove to solicitor/estate agent that she is in permanent residential care and therefore has no further need of the house.

 

[Tilly13]

Hello @LittlePollyP
I was in the same position as you with selling parents house.
I had POA and parents self funding for Care Home.
I emptied the house of personal items and made it 'sale ready ' about a year before their savings would run out.
Even with this timescale we had 2 months Care fees remaining before needing the house sale monies!!
The house was in generally good condition but a little dated and it took awhile to sell and I had to drop the price.

As @nitram says the Estate Agent and Solicitors wanted to see POA and also have an original letter from the Care Home stating that my parents were permanent residents.