Mortgages and your LPA
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Paying the mortgage is straightforward. Borrowing more, or releasing equity, is not.
What you can do
- Keep paying the mortgage from the donor's funds.
- Notify the lender of the LPA and get statements sent to you.
- Ask for a payment arrangement if income has dropped.
- Redeem the mortgage on a sale — see selling the donor's house.
Worked example: David is attorney for his uncle Frank, whose mortgage has an interest-only balance of £60,000 due in three years, coinciding with the end of the current fixed rate. David tells the lender about the LPA straight away, keeps paying the monthly interest from Frank's pension income, and puts a note in his diary eighteen months ahead of the term date to start discussing options — a product transfer, a sale, or a court application — well before the deadline forces a decision.
Borrowing and equity release
Most lenders will not let an attorney take on new debt
Equity release and further advances usually require the borrower's own informed consent and independent legal advice. Where the donor lacks capacity, expect the lender to require a Court of Protection order, and expect the court to look hard at whether the borrowing benefits the donor.
What lenders usually allow, versus what needs a court order
| Action | Usually possible as attorney | Notes |
|---|---|---|
| Continue existing monthly payments | Yes | No lender consent needed beyond notifying them |
| Product transfer with the same lender, same balance | Sometimes | Depends on the lender's own policy |
| New mortgage or further advance | No | Almost always needs a Court of Protection order |
| Equity release | No | Requires the borrower's own informed, independent advice |
| Redeeming the mortgage on sale | Yes | Standard part of a house sale under an LPA |
Practical points
- Consent to let is needed before renting the property out.
- Buildings insurance must stay in force, and empty-property terms are stricter.
- Interest-only mortgages reaching term are a common crisis point — raise it early with the lender.
- Ask the lender for a copy of their power of attorney policy in writing so you know exactly what they will and will not agree to.
If arrears build up
Tell the lender as soon as you become aware of a problem — most mortgage lenders have hardship teams used to dealing with attorneys and are far more flexible before formal arrears action starts than after. A payment holiday, a term extension or a temporary switch to interest-only can all buy time while you assess the donor's wider finances. Do not use money set aside for care fees to prop up mortgage payments without checking the donor's overall position first.
Common questions
Can I remortgage to a cheaper rate?
A product transfer with the same lender is sometimes possible; a new mortgage almost always needs a court order.
Can I add myself to the deeds?
No. That is a gift and a conflict, and needs the Court of Protection.
Can I port the mortgage if the donor moves into care and the house is sold?
No — porting is for the borrower moving home themselves. Selling and redeeming the mortgage is the normal route when a donor moves into care.
What if the donor has a joint mortgage with a spouse who still has capacity?
The spouse continues to deal with their own share of decisions; you act only for the donor, and the lender will usually want to hear from both.
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?
Choose one LPA or both, 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