Selling the donor's house under an LPA
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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
Selling a house is one of the biggest decisions an attorney makes, so it is worth confirming your authority before you instruct an estate agent. The property and financial affairs LPA needs to be registered, the section 7 restrictions must not rule out property sales, and if the donor appointed attorneys to act jointly rather than jointly and severally, every attorney has to sign the contract and transfer.
- 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.
- The Land Registry records the sale against form LPA1 or a certified copy — your solicitor handles this as part of conveyancing.
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.
The same problem arises if the donor jointly owns the property with someone other than you — say, a sibling. The co-owner can sell their own share freely, but as attorney you are still acting for the donor's share alone, and any sale needs to reflect the donor's true interest, not be shaped to suit the other owner.
Worked example
Priya is attorney for her father, Devinder, who has moved permanently into a care home. Devinder's house is in his sole name and worth around £340,000. Priya gets three estate agent valuations, instructs a solicitor, and markets the property openly rather than accepting a quick cash-buyer offer from a neighbour. She keeps the marketing particulars, the valuations and her email correspondence with the estate agent as evidence that she achieved a fair price. The proceeds go into a new account in Devinder's name, and Priya records in her attorney notes why a sale — rather than renting the house out or leaving it empty — was in Devinder's best interests.
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.
| Option | Effect on the donor | When it fits |
|---|---|---|
| Sell now | Cash pays care fees directly; no ongoing landlord duties | No one is expected to return home |
| Deferred payment agreement | Council pays care costs, secured against the house | A quick sale would be a poor price, or family need time |
| Rent the property out | Rental income supplements care fees; capital preserved | The donor, or a returning family member, may need the home again |
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.
Practical pitfalls
- Solicitors sometimes ask for the original LPA rather than a certified copy — check early so this does not delay exchange.
- Mortgage lenders and any charge on the property need to be notified and redeemed as part of completion.
- Do not agree a private sale to a family member without an independent valuation; see conflicts of interest.
- If the donor still lives in the property, moving them out to sell it is a decision in its own right, not a side effect of the sale.
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.
Do I need the other attorneys to agree, or just to sign?
If you act jointly, you need genuine agreement on the decision, not just a signature on the paperwork. Disputes between attorneys can hold up a sale — see disagreements between attorneys.
Can I use the sale proceeds for anything I like?
No. The money remains the donor's and must be used for their benefit — typically care fees, their own bills, or reinvestment for them. See attorney duties and responsibilities.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
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
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
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