Making a decision with LPA

[Triotriotrio]

Hi
I have tried calling numerous solicitors but none seem to deal with this. I have LPA for health and financial for my aunt. Social services have assessed that she doesn't have capacious and at a best interest meeting, I along with family agreed that 24 hour long term care was for the best to keep her safe. This was agreed at the local authority panel meeting.

This is where I am stuck. My aunt gave her house to my dad as a gift over 20 years ago and retained a life licence to live there rent free as long as a) she didn't move anyone else in (she breached this years ago by getting a lodger), b) she didn't reside there for 12 months , c) she gives notice to leave and d) she dies

Now she is in 24 hour care and has no capacity (she has dementia so it's not going to come back) I am currently paying all the bills etc out of her accounts for the property. I think that it is in her best financial interests to give notice on the property, as she will not be going back there.

I know I could just leave it and wait 12 months and then my DAd could take possession again, but he wants to deal with it now, and I don't really want to be travelling an hour each way to check on the house 3 times a week.

I don't want to do the wrong thing and feel really stuck

As your Aunts attorney you can give notice on the property on her behalf. I'd put together a document with copies of the panel meeting agreement that she needed to move permanently to care, a copy of any letter stating that she no longer has capacity, and a copy of your LPA so that just in case, you have a trail of evidence. Does your dad have all the documentation of your Aunt gifting him the house?

Thanks for the quick response. I have all the paperwork and the transfer paperwork. I suppose I know I can do it and I should do it, but because the house is my Dad's I feel like I could be seen as acting in conflict