Selling a donor's possessions 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
Selling is usually fine. Keeping, gifting or discounting to family is where attorneys get into trouble.
When selling is justified
- The donor has moved permanently into care and the house is being cleared.
- A car is unused, uninsured and depreciating.
- Funds are needed for care or living costs.
- Storage costs more than the items are worth.
Evidencing a fair price
- Obtain two or three independent valuations for anything of value.
- Sell through auction, dealer or open marketplace rather than privately to family.
- Keep listings, valuations and receipts.
- Pay proceeds straight into the donor's own account.
Family purchases need extra care
Selling the donor's car to your own son at a discount is a gift plus a conflict of interest. If a family member buys, use a professional valuation and pay the full figure.
Sentimental items
Items likely to be left in the will should be preserved where possible, photographed and listed rather than distributed early. Distributing possessions before death is effectively administering an estate that has not yet arisen — see what happens when the donor dies.
Common questions
Can I keep a small item of sentimental value?
Not without authority. Record it, keep it safe, and let it pass under the will.
Can I donate unwanted furniture to charity?
Low-value items with no resale value can reasonably be donated when clearing a property. Record what went and why.
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
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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