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Elderly parents

Selling house - LPA

3 replies

AInightingale · 29/01/2024 22:47

Can anyone advise whether an LPA needs to be registered before a house can be sold? My mother has one drawn up but it hasn't gone through the process yet.

She is in Assisted Care atm and has dementia but is getting worse, and we really need to sell her (crumbling) house as the upkeep of it is a nightmare. Also may need nursing care in the near future.

Would it be mad to put the house on the market without LPA fully registered? I know it takes a while and am just concerned that estate agent/conveyancers will not be confident that she has capacity to sell. Or is there an exception made in the case of a house, as they usually do need sold to fund care?

OP posts:
MereDintofPandiculation · 30/01/2024 10:06

You can’t act as an attorney until the LPA is registered. You need to present the LPA with the OPG stamp on every page, or, rather, a certified copy of it. So it’s a question of how far you can get with your mother’s current level of understanding (a dementia diagnosis by itself doesn’t stop her taking decisions) and telling people the LPA is currently in the middle of the OPG bureaucracy (assuming that’s what the situation is).

Deputyship, as described in the link above, is for when there is no LPA.

AInightingale · 30/01/2024 14:51

I thought that @MereDintofPandiculation. It's all kind of vague territory without an LPA, and I don't like vague - selling a house is stressful enough without a solicitor throwing a spanner in the works because they're not confident that the seller has capacity.

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