Selling a property under a Power of Attorney
When selling a property on behalf of a loved one or family member, the process can often feel overwhelming, especially if the sale is prompted by unforeseen circumstances. Whether you're assisting someone who has lost mental capacity or navigating the responsibilities of acting as an attorney, it’s important to approach the process with clarity and the right support.
At Wilkin Chapman, our conveyancing team specialises in a wide range of property matters, including sales made under a Power of Attorney. We are here to guide attorneys and representatives through every step of the process, ensuring the experience is as smooth and stress-free as possible.
From understanding the type of power of attorney held to managing key aspects of the sale, we provide the expertise and reassurance you need to focus on the best interests of the person you’re representing.
In the conveyancing team at Wilkin Chapman, we specialise in a wide range of property matters which includes the sale of property by power of attorney and can assist an attorney who is acting on behalf of someone who has lost mental capacity (the donor), with the sale of a property.
We would need to check what type of power of attorney is held. Enduring Powers of Attorney (EPA) were replaced in 2007 by Lasting Powers of Attorney for Property and Finances (LPA). However, both can still be used in this process.
Our specialists understand how difficult it can be for an attorney to step into the shoes of a family member or friend when selling their property. To this end, we endeavour to ensure that the process is as smooth and stress free as possible for the attorney so that they can fully concentrate on the donor.
Here are a few tips for attorneys before selling:
Ensure the attorney deed is registered
Check whether there are any restrictions in the LPA/EPA to prevent you from acting
Seek valuations from at least three different firms and decide upon the best one before placing the property on the market
Seek professional legal advice on the sale of the property
Notify insurance providers, council tax and other utilities and arrange postal redirection
Check before clearing any of the donor’s property. It could have been left to a family member or friend in their Will
Seeking advice from an expert is imperative. It is as much about protecting yourself as it is about acting in the donor’s best interests.
Our conveyancing specialists also deal with:
Sales and purchases of freehold and leasehold properties
New build transactions
Remortgages
Contact Stephen to discuss this further.
