Looking after the donor's home as attorney
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
An empty house is an insurance problem, a council tax problem and a security problem within weeks.
First actions on an empty property
- Tell the insurer it is unoccupied — most policies restrict cover after 30 days.
- Apply for any council tax discount or exemption available.
- Arrange heating to run at a low level in winter to prevent burst pipes.
- Redirect post and secure valuables and documents.
- Arrange regular inspection visits and keep a log.
Repairs and spending
- Necessary repairs and maintenance: yes, from the donor's funds.
- Improvements that mainly benefit a future beneficiary: risky, document carefully.
- Letting a relative live there rent-free: a gift of value — see renting out the donor's property.
- Always use market-rate contractors and keep invoices.
Sell, let or keep
| Option | When it fits |
|---|---|
| Keep empty | Short-term care, or return home is likely |
| Let out | Long-term care and fees to fund; creates landlord duties |
| Sell | Permanent care and capital needed — see selling a house under an LPA |
Selling to yourself needs the court
An attorney buying the donor's property, or selling it below market value, needs Court of Protection approval.
Common questions
Can I clear the house and keep items?
No. The donor's possessions remain theirs. Taking items is a gift and may be treated as misuse of authority.
Who pays for maintenance?
The donor, from their own funds. Attorneys should not fund it personally and then reclaim large sums without records.
Read next
Where this fits
This page is part of Money, tax and property. The pages below take it further.
- Property & Financial Affairs LPA
The LP1F: money, bills, savings, property and everything a bank will ask for.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group