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