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Legal matters

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Power of Attorney & flats & lease

4 replies

RosaWaiting · 05/04/2019 15:29

hello all
firstly, massive apologies if this comes across as a stealth boast - it isn't. It's mum's money not mine!

here's the issue - elderly mother owns 2 x BTL flats. She can't cope with them and has been unable to cope for some time. The flats are now on short leases - nearing 60 years, because she's never looked at them.

for the renewal of the lease, I don't think she will be able to cope with it as a legal process, so have suggested getting Power of Attorney and I will deal with them.

She is convinced that even with PoA, I will not be allowed to do it and she will have to do it. She also wants to sell after the lease extension and is also convinced that I will not be allowed to sell as PoA.

Does anyone know which is the case? I don't live nearby so can't pop by and read and sign letters for her.

I find it weird that anyone applies for PoA if it doesn't allow this? I mean, suppose I had to sell her house for her to go into a care home?

She is not opposed to PoA in principle but seems convinced that it won't work in the cases listed. She is suggesting that she is the official person doing the work, but that unofficially the solicitors would deal with me.

I can imagine the solicitor saying "you are not the client, I can't talk to you about it".

All advice gratefully received, thanks.

OP posts:
prh47bridge · 05/04/2019 16:37

If you have PoA for property and financial affairs you will be able to make all decisions relating to money and property if she is no longer able to do it herself (or doesn't want to make her own decisions). So yes, you will be able to extend her lease and/or sell her flats.

RosaWaiting · 05/04/2019 16:56

prh thanks

that's what I thought. How I convince her it is the case, I really don't know.....

OP posts:
wigglypiggly · 05/04/2019 19:30

here is a link, you can look after her finances as soon as it's been registered, the health one you can only do once she loses mental capacity.
www.gov.uk/power-of-attorney

RosaWaiting · 07/04/2019 10:42

Thank you for the link wiggly

I have shown her that but she doesn't seem to believe it.

I suppose we will have to get her as far as a solicitor for the lease extension, if she hears the words from an official, she might believe it.

thanks all.

OP posts:
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