Q&As

A property is jointly owned by husband and wife, with the wife acting as LPA attorney for her mentally incapacitated husband. On sale of the property, can the wife give valid receipt for the purchase monies and sign the transfer on behalf of herself and her husband? There is a standard Form A restriction on the title.

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 15/08/2018

The following Private Client Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • A property is jointly owned by husband and wife, with the wife acting as LPA attorney for her mentally incapacitated husband. On sale of the property, can the wife give valid receipt for the purchase monies and sign the transfer on behalf of herself and her husband? There is a standard Form A restriction on the title.
  • Powers of the wife as attorney
  • Receipt for sale proceeds
  • Summary

Powers of the wife as attorney

An attorney under a Lasting Power of Attorney (LPA) has the authority to sell the property of the incapacitated person if the following conditions are satisfied:

  1. the LPA for financial decisions has been registered with the Office of the Public Guardian

  2. there is no restriction in the LPA indicating that the donor did not want his spouse to exercise the trustee functions in relation to the property

  3. the sale is in the best interests of the incapacitated co-owner in accordance with the provisions of section 4 of the Mental Capacity Act 2005 (MCA 2005) and the guidance contained in the MCA 2005 Code of Practice. See, generally: Lasting powers of attorney—overview

The Court

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