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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9436
Experience:  I have been practising for 30 years.
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My wife is stage 7 alzheimers, in hospital, broken p, no

Customer Question

my wife is stage 7 alzheimers, in hospital, broken hip, no mental capacity.
l do not have power of attorney.
Her signature needed on a house sale, she is one of four joint owners with me, her husband, daughter and son in law. All four of us are a limited company, but the house is in our 4 names.
Can l apply for an interim court order, to enable me to sign for her?
Any advice greatly appreciated.
Yours sincerely *****
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Can you please explain what you mean when you say that all “all four of us are a limited company but the house is in our four names”. Is a house in the name of the limited company of which all 4 of you are shareholders or is it just 4 names?

Customer: replied 1 year ago.

The house is in our 4 names, rather than in the company name.

Thank you.

Expert:  F E Smith replied 1 year ago.

Thank you.

There are two ways of dealing with this. You could apply to court to become a deputy over your wife’s affairs but that process is not particularly quick. It might be an idea to do that anyway when any other issues crop up in the future, at least you have the paperwork in place. Unfortunately, the process takes several months, the paperwork is quite complicated and although you can do it yourself, the paperwork is full of traps for the unwary and hence, a solicitor will charge about £2000.

If you want to try it yourself, here is the process. https://www.gov.uk/become-deputy/overview

Alternatively, if the matter is more pressing you can apply to court to have the matter decided by a judge and to have the court execute the paperwork on behalf of your wife. There is a specific process to be followed in the application is made to the Court of Protection. The process is here along with the forms. https://www.gov.uk/joint-property-ownership/selling-when-an-owner-has-lost-mental-capacity

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Best wishes.

FES.