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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 534
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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Can an appointments attorney sell a house if the owner is

Customer Question

Can an appointments attorney sell a house if the owner is still compass mentus
Submitted: 7 months ago.
Category: Property Law
Expert:  Helen Hill replied 7 months ago.

Thank you for your question. The answer has a number of different aspects.

In purely legal terms, many lasting powers of attorney give the attorneys power to act even before the donor has lost capacity. This means that, as soon as the LPA is registered, the attorney can act on the donor's behalf and deal with their property.

The other side to this is the duty of attorney to consult with the donor. If the donor has capacity to make decisions about their property then the attorney can only act with permission from the donor. In other words, just because the document gives them the legal power to act they must still comply with the terms of the Mental Capacity Act and help the donor to make their own decisions where they are capable.

I hope this is helpful. Is there anything else I can assist with?

Expert:  Helen Hill replied 7 months ago.

I notice that you have not yet viewed my answer. Please could you kindly visit the thread and let me know if you require any further assistance.

Customer: replied 7 months ago.
Many thanks. I do not need any further help, but would like my £36 returned. Many thanks