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Alzheimer's, Lasting Power of Attorney, Property, Court of Protection confusion

(3 Posts)
CourtOfProtection Thu 10-Oct-19 17:58:31

Anyone here have a clue about these topics?

Remaining parent, now sadly in care home due to horrible Alzheimer's & declining rapidly. Family home to be sold and 'net proceeds to be shared', as stipulated in both wills. Surviving children are all trustees of the Will and have Enduring Power of Attorney.

Just looking through all the paperwork and a couple of solicitors have been involved. I'm not great with understanding legal paperwork
and find the historical emails a bit confusing.

The remaining parent was down as a life tenant and the house was held in Trust to be sold after they'd passed away. As the remaining parent is still alive (although in a care home with care financially guaranteed) we've been advised that if the Trustees wish to sell the property, they need to apply to the Court or Protection to break the Trust. Due to the condition of the house and many other factors, it is in no-ones interest to retain the property, -including the remaining parent as they are still paying the bills.

What is the best way please to sell and end the financial drain on everyone without running up costly legal bills? Do we have to apply to the Court of Protection? One of the solicitor's London partner's is offering to travel to our city to review the case but there must be easier options?

Thanks in advance :-)

PerryMasonsFriend Mon 14-Oct-19 11:46:06

>>and have Enduring Power of Attorney.

Is the Power of Attorney for financial decisions or medical decisions or both?

If you have an power of attorney for financial decisions, you shouldn't need to involve the Court of Protection. That is the whole point of a power of attorney.

CourtOfProtection Tue 15-Oct-19 11:00:11

Brilliant. Thanks for answering PerryMasonsFriend (love your username grin).

I'm pretty sure it's for financial decisions too which is why I couldn't understand these Court of Protection letters hmm

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