House sale with one person dementia/power of attorney/joint
Discussion
Hi,
my parents own their house as joint tenants.
50% each.
My father has alzeimers.
For mobility reasons my mum would like to downsize to a more appropriate house.
She has power of attorneys - both financial and for health.
But, it seems to sell and buy another house, she may have to apply to the court of protection and ask the court to appoint someone to act on behalf o my father.
Which seems odd as i thought this was the point of the power of attorney..
Has anyone any experience of this/been through this?
Thanks.
my parents own their house as joint tenants.
50% each.
My father has alzeimers.
For mobility reasons my mum would like to downsize to a more appropriate house.
She has power of attorneys - both financial and for health.
But, it seems to sell and buy another house, she may have to apply to the court of protection and ask the court to appoint someone to act on behalf o my father.
Which seems odd as i thought this was the point of the power of attorney..
Has anyone any experience of this/been through this?
Thanks.
Joint tenants or tenants in common? It makes a difference I think.
Not sure if this helps but I had a similar situation when Selling my parents house and acting as executor for both estates. The house was held as tenants in common and then when the second parent died sold. But because I was executor to both estates a third party had to act as “witness” to represent one of the estates. It was purely an administrative thing sorted by my solicitor.
Not sure if this helps but I had a similar situation when Selling my parents house and acting as executor for both estates. The house was held as tenants in common and then when the second parent died sold. But because I was executor to both estates a third party had to act as “witness” to represent one of the estates. It was purely an administrative thing sorted by my solicitor.
My parents had the same, I think it's Lasting Power of Attorney you need, we set it up with my sister and and I on it as well (and possibly another relative, can't remember), which just meant we had to sign something to say we were happy for her to sell.
Unfortunately my dad died a few weeks before completion, but it turned out they were able to take his name off the deeds with our agreement and not hold the sale up, sounded a bit dodgy to me but it certainly made life simpler than having to go through probate before being able to sell.
Unfortunately my dad died a few weeks before completion, but it turned out they were able to take his name off the deeds with our agreement and not hold the sale up, sounded a bit dodgy to me but it certainly made life simpler than having to go through probate before being able to sell.
Thanks or the replies.
Actually, it is a lasting power o attorney that is in place.
A brief chat with my solicitor suggest a meeting as she said it was more complicated.
A government website seems to suggest applying to the court of protection.
But maybe that is for a power of attorney, rather than lasting power of attorney?
Actually, it is a lasting power o attorney that is in place.
A brief chat with my solicitor suggest a meeting as she said it was more complicated.
A government website seems to suggest applying to the court of protection.
But maybe that is for a power of attorney, rather than lasting power of attorney?
RizzoTheRat said:
My parents had the same, I think it's Lasting Power of Attorney you need
My understanding is that the device was originally called Enduring PoA, then a few years ago it changed to Lasting PoA. Both of them are drawn up when the person is of sound mind, and activated when they are not, so that the Attorney can then effectively manage their lives for them.I was Attorney for my last mother (under the EPA scheme) and at no time was a house sale challenged.
You say 'it was all done at the solicitors before his condition became too advanced'. That makes me think it was set up but not activated... because they have to be unable to act before you can do so.
https://beyond.life/help-centre/admin-legal/activa...
Hi OP,
I think that once someone is deemed as 'not having mental capacity' to make decisions then it's probably a Lasting POA you need.
I'm not a legal expert so you would need to check maybe online. In.my case I have what's called a 'Deputyship' where.I act as a deputy for one of my parents (also due to Alzheimer's). My deputyship was drawn up with solicitor after my mother had lost mental capacity.
If a decision needs to be made on my parents assets such as selling property it needs to be raised to the OPG first and once they are happy and approve the transaction then can go ahead etc.
I believe that joint tenants Vs tenants in common has implications on intestacy e.g: joint tenants - if one passes, the surviving partner will inherit the the others share of a property where as for tenants in common if one passes then then it's determined by the will (assuming there is one) so if parents would rather the children or other nominated person inherits their property share rather than their partner then tenants in common allows that. This is a v simplistic view and there could be other factors I am not aware of so worth checking.
I think that once someone is deemed as 'not having mental capacity' to make decisions then it's probably a Lasting POA you need.
I'm not a legal expert so you would need to check maybe online. In.my case I have what's called a 'Deputyship' where.I act as a deputy for one of my parents (also due to Alzheimer's). My deputyship was drawn up with solicitor after my mother had lost mental capacity.
If a decision needs to be made on my parents assets such as selling property it needs to be raised to the OPG first and once they are happy and approve the transaction then can go ahead etc.
I believe that joint tenants Vs tenants in common has implications on intestacy e.g: joint tenants - if one passes, the surviving partner will inherit the the others share of a property where as for tenants in common if one passes then then it's determined by the will (assuming there is one) so if parents would rather the children or other nominated person inherits their property share rather than their partner then tenants in common allows that. This is a v simplistic view and there could be other factors I am not aware of so worth checking.
Edited by VR99 on Wednesday 14th July 14:50
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