Q&As

H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 06/03/2020

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?

An attorney under a Lasting Power of Attorney (Property & Financial Affairs) may decide on all any matters concerning the donor’s property so may sell the donor’s property or the donor’s share and interest in a property, provided that the donor has not restricted the attorney’s powers in the lasting power of attorney (LPA).

Under section 18(1)(b) of the Mental Capacity Act 2005, the Court of Protection may authorise the sale, exchange, charging, gift or other disposition of P’s property.

If the order appointing the deputies does not contain the necessary authority to effect a sale of P’

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