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We appreciate it is not easy to think and plan for a time when you will not be able to make your own decisions but it can help to be prepared. A Lasting Power of Attorney can be a great tool to allow for someone you trust to carry out the necessary decision making and execution of documents on your behalf, whilst acting in your best interest at all times.
At Ramsdens Solicitors we often act on behalf Attorneys who have been appointed by the legal owner to sell a property. This means that the legal owner will not sign the contract or transfer document - their attorney will do this on their behalf.It is also possible for an Attorney to purchase a property on behalf of a person – although in practice this is not common as the one document an Attorney can never sign, is a mortgage deed.
There are practical reasons why an Attorney may be appointed such as the legal owner being out of the country at the time of expected completion. Where a seller has lost the mental capacity to understand the nature of the documents involved in selling a property, either through illness or injury, an Attorney can step in, under authority of the court and deal with the property themselves.
In conveyancing, we would require sight of the original Lasting Power of Attorney to ensure that the Attorney has the appropriate authority to sell and/or purchase the property on behalf of the legal owner. The types of Power of Attorney we would request sight off are:-
Lasting Power of Attorney
An LPA covers decisions about your financial affairs, or your health and care. It comes into effect if you lose mental capacity, or if you no longer want to make decisions for yourself. It’s prudent to appoint an Attorney whilst you are ‘of sound mind’ otherwise an Attorney may be appointed for you by the Office of the Public Guardian.
Enduring Power of Attorney
EPAs were replaced by LPAs in October 2007. However, if you made and signed an EPA before 1 October 2007, it should still be valid. An EPA covers decisions about your property and financial affairs, and it comes into effect if you lose mental capacity, or if you want someone to act on your behalf.
If you would like more information as to how Ramsdens can help you and wish to speak to one of our experts in either of our Private Client or Conveyancing departments, please do not hesitate to contact us on 01484 821 500.