The following Property Q&A provides comprehensive and up to date legal information covering:
In answering this Q&A, we have assumed that husband and wife are joint tenants and that wife has registered the lasting power of attorney and has the authority under it to sign documents on behalf of husband.
HM Land Registry will require evidence of the original Office of the Public Guardian certified power so they can be satisfied that the document binds the individual on whose behalf it was signed. They will check that the power of attorney:
was validly executed as a deed
was still in force at the date of the document
authorised the attorney to take the action in question (ie make sure it does not state something like ‘a sale of the property cannot be made without the consent of the court’)
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