House purchase/Power of attorney

[annoyed234]

We were in the process of buying the house, so close to exchanging contracts, we've signed everything just needed the seller to sign, but it would now seem the seller (elderly) had a fall and as a result isn't in sound mind to sign and so now will have to obtain power of attorney. This has completely thrown us, so much hard work, so close and now this. Obtaining power of attorney could take 8-10 weeks. We had plans that we would be moving at the end of this month, now with this, we obviously Can't. I just feel so heart broken! Has anyone else been through this?? How long did the process take?

@annoyed234
Sorry, no experience of buying a property in your situation but have recently started the process for doing Power of Attorney for DH and I.
I hate to be the bearer of bad news but, if your vendor's mind is not "sound ", she won't be deemed able to sign the paperwork for Power of Attorney either.
Speak to your Solicitor ASAP to ensure you aren't waiting around for something that's not going to happen any time soon.

As Winged says if they are not of sound mind to sign the house sale paperwork they won't be of sound mind to sign a POA. If she has moments of lucidity then they might be able to get the POA signed but it would take about 8 weeks to be processed.

If it has to go to the court of protection you could be looking at 8 months, not 8 weeks.

I suppose the only good thing is that no-one else can buy it whilst you wait for something to be put in place.

Is it possible that the ‘not in sound mind’ could be temporary? Due to an infection, delirium?

Thanks guys! I will speak to solicitor to get more info! I don't know if it's temporary due to infection. We were thinking if the elderly lady had a fall and somehow has lost her mental capacity too, it would indicate she was already ill, we know she was being looked after in a care home. Really wish the vendor already had something in place, it would've made sense to. We sorted out schools for our children to move to as well.
I was thinking if she can't sign papers then how would she give permission for POA. Does it help that the person requesting the POA is her son?

There's no way we can wait 8 months, our mortgage Offer runs out in couple of months time, and I doubt any bank would extend it for that long.

From what I've been told is the son has seen his solicitor and has been asked to take id etc so they can start the process. Are they hiding the fact that it may need to go through the court process?

The process for POA took three months last year.

I agree with those who say if she can't sign the house papers, she won't be able to sign POA. If she can sign the POA, there is no reason she can't sign the house sale papers.

My solicitor just got back to me stating the sellers solicitor has said they are awaiting doctors note to access if in sound mind to sign! But the agency told us yesterday that the son went to see his solicitor to get the ball rolling for POA. 2 versions!!!

Both can be correct though. It is wise to apply for POA anyway and this may have been a wake up call for them.

Makes no difference that the potential Attorney is her son.
Sadly, there are good sons, who want what's best for their DM and there are not so good sons who just want to get their hands on Mum's assets for their own benefit.
The system, though not perfect, is set up to protect, as far as possible, all involved, so regardless of who the Attorney will be, it's the same procedure for application and to complete paperwork.

If the dr say she is in sound mind she can sign the house paperwork and then you are all good - the son should still do POA though because it’s good to have it in place.

If she cannot sign the house forms then son cannot get power of attorney - you need to be of sound mind to sign the forms. Then it has to go to the court of protection to get their permission. Someone I know applied to the court of protection in Feb to get power of attorney. It was granted last week. It takes months and months that way.

I would start looking for another house.

I am going through a lasting power of attorney with mum right now and she has all her facilities and is reasonably well for her age. We started this process (along with change of will and registering her house with the land registry as she has lived there 50 years) in May! Her solicitor is a bit slack but this has only just gone to the court to be officiated.

You don’t just have one POA either, my DB and I are the ones to be appointed with my DD as a third backup.

This is going to be a very long process.

Faculties not facilities!

@MaybeitsMaybelline

I thought it only goes to court if they don't have the mental capacity?

By the sound of things, this house isn't going to happen

Really saddened.
Please wish us the best in finding something soon!! Xx

As above really.

Capacity is decision specific, the decision the GP/solicitor needs to make is: are they able to 'donate' LPA for finance/ property to the son. If not, it's too late and a local Court of Protection needs to take this decision on behalf of the older person (in order to protect that person from dodgy relatives).

This can take yonks depending on what part of the country your in.
They are holding local CoP's due to the huge backlog.

Yes, agree with the OP, look for another house

Power of attorney has to go to court anyway unfortunately, in our case it’s probably quite straightforward but still slow.

Hope yours gets sorted and the seller gets better soon and can sign her own house over x

Sorry forgot to say the solicitor wrote in her last letter that mums papers had gone to court and not to be concerned if we didn’t hear anything for 12 weeks.