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Mental capacity, power of attorney, house repossession

4 replies

Vapeyvapevape · 11/11/2021 18:20

Can a building society start the repossession process on a house if the owner doesn’t have capacity and there is no power of attorney in place ?

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Stripyhoglets1 · 11/11/2021 18:24

Yes but they need to tell the court that the person lacks capacity and a litigation freind will need to get involved. If no one volunteers to act as litigation freind it will need to be the official solicitor.

Mantlemoose · 11/11/2021 18:26

Yes.

ItsDinah · 11/11/2021 18:31

Yes. The court will appoint a guardian to the incapacitated person.

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Vapeyvapevape · 11/11/2021 18:38

Thanks all , we’re just starting the poa process and the mortgage is in arrears. We’re trying to make payments but the building society won’t tell us what they should be so we are guessing. It’s such a mess .

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