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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, I currently have power of attorney over my brothers

Resolved Question:

Hello,

I currently have power of attorney over my brother's property.
He has not lived in the property for 26 years. I applied for power of attorney in 2011 and I have since looked after, lived and paid all the bills. Before that our mother and grandmother stepped in and maintained the property.
He still looks after his own day to day finances and I have had no need to step in, he is keen to maintain his own freedom and money. And he seems to manage, he has a mental illness, which is managed by ongoing medical treatment. He is schizophrenic. He is of sound mind and has a carer.
Darren would like to transfer the deeds of the property into either my name or his nephew's name (my son). As for years as a family, we have just kept it going, however we are all in agreement to have this transferred fully. In order to make future decisions about how to maintain the upkeep and growing services charges.
How can we go about transferring the property in these circumstances?
We appreciate your advise.

Thank you

Tara
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Assuming that the property is not subject to a mortgage, your brother may gift the property to you or your son for no consideration (no payment), so no stamp duty land tax will be payable.

The whole transfer process may be done by yourselves or by instructing a solicitor or conveyancer. I would advise that a solicitor be used rather than to do it yourself due to your brother's mental condition and the fact that you are his attprney.

See here for the procedure involved with the transfer:

http://www.landregistry.gov.uk/public/faqs/how-do-i-transfer-my-registered-landproperty

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