What you can do as an attorney

An ordinary power of attorney can temporarily grant powers to attorneys to act for you in matters relating to the sale or purchase of property. For example, you may wish to appoint a solicitor or an estate agent as an attorney to sell your UK home if you have moved overseas.

If you are acting as a lasting power of attorney for property and financial affairs, you can usually:

• Sell property (at market value)
• Buy property 
• Manage bank and building society accounts 
• Make decisions about money, tax and bills 
• Deal with investments 
• Claim pensions and benefits on behalf of the donor
• Purchase items needed for the donor
• Make some gifts (although there are strict rules relating to this).

Buying and selling property as an attorney

As a property and financial affairs lasting power of attorney, you can sell the donor’s property or purchase new property on their behalf. If you decide to sell the donor’s home, you should discuss where the donor is going to live with their mental health and welfare attorney.

Instructing conveyancing solicitors 

You will need to present an original or certified copy of the lasting power of attorney to any conveyancing solicitor you instruct should you decide to buy new property or sell the donor’s property. 

Managing the donor’s bank account

When buying and selling property, you will need to have access to the donor’s bank account. Before managing their bank account, you will have to show the bank the original registered lasting power of attorney, or a certified copy.

You will also need proof of:

• Your name
• Your address 
• The donor’s name or address if they are not the same as on the bank account.
  
  

Check if the lasting power of attorney is registered 

The lasting power of attorney must be registered with the Office of the Public Guardian before you can start acting as an attorney.

Check if there are any restrictions in the LPA

You should check that the donor has not restricted the use of the LPA, for example, to the managing of bank accounts only. The LPA must give you the authority to sell or purchase property on their behalf, otherwise you will need to obtain the Court of Protection’s permission to sell or buy property.

Check the donor’s will 

If the LPA gives you specific authority to obtain a copy of the donor’s will, you should check this to make sure you are not selling property that is to be left to someone in the donor’s will.

When you will need to take legal advice

You will need to get legal advice if you want to:

• Sell the property below market value 
• Buy the property yourself
• Give the property to someone else.
  
  

Making Records 

It is important to keep a record of any sale or purchase of property you make and when you made them. You should also include details of who you asked for advice and any disagreements that arose.