Selling the donor's house under an LPA
Guidance from Estate Advisory Group
A registered property and financial affairs LPA usually lets you sell — but conveyancers, the Land Registry and any co-owner all have a say in how.
Check your authority first
- The LPA must be a property and financial affairs LPA, registered, and not restricted in section 7.
- If attorneys act jointly, every attorney must sign everything.
- The conveyancer will want a certified copy of the LPA and identification for each attorney.
Jointly owned property
You cannot act for both sides
If the donor owns the house jointly with you, you cannot sign as both seller and attorney for the other owner. This is a trustee conflict and needs either another attorney or an order from the Court of Protection.
Selling to pay for care
Before selling, check whether the property is disregarded in the local authority's financial assessment, whether a deferred payment agreement is available, and whether renting it out serves the donor better. See LPA and care home fees and renting out the donor's property.
Record the decision
- Note why a sale is in the donor's best interests, and what alternatives you considered.
- Get a formal valuation and evidence of the marketing.
- Keep proof that the proceeds went into an account in the donor's name.
- Tell the family what you are doing, even where you do not need their agreement.
Common questions
Can I sell below market value to a relative?
No — that is a gift of the difference and needs a court order.
What if the donor still has capacity and objects?
Then it is their decision, not yours. An attorney never overrides a donor who can decide.
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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