Selling A Protected Party’s Property As Their Attorney

There are many reasons why an attorney for a person may wish to sell their property. Payment of care fees is the most common reason, as for many elderly people, the only asset they have is their home or their liquid assets may have already run out. Another reason might be to downsize to a smaller property, or even to sell the protected party’s current property in order to find a property more suitable for their needs such as a bungalow.

In our previous blog, we followed the case of Pam who had moved into residential care. We considered how her attorneys should decide on whether to sell or rent out Pam’s property. It has now been confirmed that Pam will need to remain in residential care. Her attorneys have decided to sell Pam’s property in line with her best interests.

What process must an attorney follow in order to sell a protected party’s property?

In order for an attorney to sell the protected party’s property there must be a valid Lasting Power of Attorney (LPA) in place, which specifically allows you to deal with the property and financial affairs of Pam.

The LPA must also be registered with the public guardian otherwise it will not be valid and you will not be authorised to act on Pam’s behalf. You should also ensure that there are no restrictions placed on you as attorneys within the LPA. Some people restrict the circumstances in which their attorneys can act, such as stating that they do not want their attorney’s to be able to deal with their property, so it’s important to check that you are able to act under the circumstances.

The sale of Pam’s property must be in her best interests. You should always consult Pam to see what she thinks in regard to selling her property even if she does not have the capacity. If Pam does not want her house to be sold, but you believe it is in her best interests to do so, then you should proceed with the sale.

The sale process is similar to when entering into a sale on your own behalf, but instead of Pam signing for herself, you will sign the contract on her behalf. You will also need to provide a copy of the LPA to the Conveyancer as proof that you are allowed to act on Pam’s behalf.

After the property has been sold, there are a series of steps you will need to consider. Firstly, are there any arrears that need to be paid immediately? Have the utility companies and local council been updated so they are aware that Pam is no longer responsible for the bills at the property? If the sale proceeds are considerable, and Pam has no large expenditures or outgoings it may be necessary to consult an Independent Financial Advisor to discuss how the funds should be managed moving forward.

We have discussed how to sell the property when you are appointed as an attorney but what if you are appointed as a Court of Protection Deputy? Our next blog will consider the case study of Jim and his Court appointed Deputy.