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andy_vtec

Original Poster:

338 posts

124 months

[news] 
Thursday 4th October 2012 quote quote all
My father is in a nursing home and will definetly not be returning home. I am operating his affairs under a full enduring power of attorney.

I am starting to look at the options to sell the now empty family home and I wanted to know if there are special considerations I need to follow during a house sale in these circumstances.

I have had a quick chat with a solicitor friend and they said there was nothing needed up front and we should get on with finding a seller for the house, engaging solicitors at the right time and they would handle everything needed at that time.

Does anyone have any information on what might be needed? Would I need to setup a special bank account for the proceeds, follow any special EPOA processes ?

Thanks,

Deva Link

26,934 posts

128 months

[news] 
Saturday 6th October 2012 quote quote all
andy_vtec said:
I have had a quick chat with a solicitor friend and they said there was nothing needed up front and we should get on with finding a seller for the house, engaging solicitors at the right time and they would handle everything needed at that time.

Does anyone have any information on what might be needed? Would I need to setup a special bank account for the proceeds, follow any special EPOA processes ?

Thanks,
Are you the sole holder of PoA, and is there anybody lurking who might want to cause trouble?

The guide http://www.justice.gov.uk/forms/opg/enduring-power... says:
"Attorneys do not need approval from the Court or the OPG to
sell the Donor’s property. However they must apply to the Court
for permission if for any reason the sale is below market value or
the Attorney or a family member wants to buy the property.
If the Attorney does not seek the Court’s approval under these
circumstances then the sale may be challenged."

If you want to be ultra-cautious I suppose you should do things like getting 3 written valuations etc.

However my wife had joint PoA for her GodFather with his niece and it didn't stop her (the neice) putting the house up for sale with the one and only agent she asked and then selling it to the first offer. Not that we were unhappy with any of that, but she didn't even consider that she should ask us, as we weren't family, even after the solicitor gave her a bking. The joint legal responsibility was completely lost on her.
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