Selling a House as Power of Attorney

There are many situations in which a property needs to be sold on behalf of someone else. An elderly parent may need to move into residential care and their home needs to be sold to fund it. A relative may have suffered a serious illness or injury that has left them unable to manage their own affairs. In these circumstances, a Lasting Power of Attorney (LPA) for property and financial affairs allows a trusted person — the attorney — to step in and handle the sale on the donor's behalf.

This guide explains the legal framework for selling property under a power of attorney in England and Wales, the practical steps involved, and the additional documentation and safeguards that apply. Whether you are an attorney preparing to sell, or a family member trying to understand the process, this guide covers what you need to know.

Understanding powers of attorney for property sales

There are two types of Lasting Power of Attorney, and it is important to understand which one is relevant to property sales:

• Property and financial affairs LPA. This is the type that gives the attorney authority to deal with the donor's property, bank accounts, investments, bills, and financial decisions. Only this type of LPA can be used to sell property.
• Health and welfare LPA. This covers decisions about medical treatment, care arrangements, and daily living. It does not give the attorney any authority to sell property or handle financial matters.

If you hold only a health and welfare LPA, you cannot sell the donor's property. You would need either a separate property and financial affairs LPA (which the donor can only create while they still have mental capacity) or a deputyship order from the Court of Protection.

It is also worth noting that the older Enduring Power of Attorney (EPA), created before October 2007, can still be used for property and financial affairs if it was validly executed. EPAs must be registered with the Office of the Public Guardian if the donor is losing or has lost capacity.

Registering the LPA with the Office of the Public Guardian

Before an LPA can be used for any purpose, it must be registered with the Office of the Public Guardian (OPG). An unregistered LPA has no legal effect. You cannot instruct a solicitor, sign a contract, or complete a property sale using an unregistered document.

Key points about LPA registration:

• Registration currently takes around 12 weeks, though the OPG processing time can vary. During busy periods it may take longer.
• The registration fee is £82 per LPA. Fee remissions and exemptions are available for donors on low incomes or receiving certain benefits.
• A property and financial affairs LPA can be registered and used while the donor still has capacity (with their consent). This is the recommended approach, as it avoids the delay of registering at a time of crisis.
• Once registered, the OPG stamps and returns the LPA document. Your solicitor will need the original or a certified copy of the registered LPA to proceed with the sale.

The most important piece of advice for anyone creating an LPA is to register it immediately. Waiting until the LPA is needed means a 12-week delay before you can take any action, which can be critical when a property sale is needed urgently — for example, to fund care home fees.

Selling when the donor still has capacity

If the donor (the person who created the LPA) still has mental capacity, the attorney can act on their behalf with their consent and authority. In practice, this often happens when the donor is physically unable to manage the sale themselves — perhaps due to frailty, mobility issues, or being in hospital — but can still understand and approve the decision to sell.

When the donor has capacity:

• The attorney should discuss the sale with the donor and obtain their agreement, ideally in writing.
• The donor could, in theory, sign the contract and transfer deed themselves. However, using the LPA is often more practical if the donor cannot easily attend appointments or sign documents.
• The conveyancing process is broadly the same as a standard sale, with the additional step of providing the registered LPA to the solicitor and the Land Registry.

Even when the donor has capacity, the attorney must still act in accordance with the principles of the Mental Capacity Act 2005 and must not take advantage of their position for personal benefit.

Selling when the donor lacks capacity

This is the more common and more legally sensitive scenario. When the donor lacks mental capacity to make the decision to sell their property, the attorney takes on full responsibility for the decision. The Mental Capacity Act 2005 imposes a best interests duty on the attorney, which governs every aspect of the sale.

Obtaining a capacity assessment

Before proceeding with the sale, the attorney should obtain a formal capacity assessment from a medical professional, usually the donor's GP. The assessment should confirm that the donor is unable to:

• Understand the information relevant to the decision to sell
• Retain that information long enough to make a decision
• Use or weigh that information as part of the decision-making process
• Communicate their decision

This four-part test is set out in Section 3 of the Mental Capacity Act 2005. The assessment is decision-specific — a person may lack capacity to decide about selling their home but still have capacity for other decisions. A written capacity assessment protects the attorney against future challenges from family members or other interested parties who may dispute that the sale was necessary.

The best interests requirement

Section 4 of the Mental Capacity Act 2005 sets out the factors the attorney must consider when making a decision in the donor's best interests. In the context of selling a property, this means:

• The donor's past and present wishes. Did the donor ever express a preference about what should happen to their home? Did they want to stay at home as long as possible, or were they open to moving into care?
• The donor's beliefs and values. Would the donor have been likely to agree to the sale if they had capacity?
• Consultation with others. The attorney should consult anyone the donor would have wanted to be involved in the decision, such as family members, carers, or close friends.
• Less restrictive alternatives. Could the donor's needs be met without selling — for example, through renting the property out, using equity release, or arranging additional care at home?
• Achieving a fair price. The attorney has a duty to obtain the best price reasonably achievable, not to sell quickly at an undervalue.

Achieving the best price: the attorney's obligation

One of the attorney's most important duties when selling property is to achieve the best price reasonably obtainable. This is both a fiduciary obligation and a practical requirement to protect the donor's financial interests.

To demonstrate that you have met this obligation:

1. Obtain at least two independent valuations from RICS-registered valuers or reputable estate agents. Keep written records of each valuation.
2. Market the property openly through an estate agent, rather than accepting a private offer without testing the market. A property marketed through conventional channels (online portals, local agents) is more likely to achieve market value.
3. Allow reasonable time for marketing. Selling too quickly, without adequate exposure, could result in a lower price and open the attorney to criticism.
4. Document your reasoning if you accept an offer below the asking price, explaining why you consider it to be the best available in the circumstances.

Preparing the property for sale and gathering your documents needed to sell early can help you present the property well and avoid delays that might force a lower price.

OPG restrictions and conditions on the LPA

Some LPAs include restrictions or conditions that limit the attorney's powers. These are set by the donor when the LPA is created and are noted on the registered document. Common restrictions relevant to property sales include:

• A requirement that two or more attorneys must act jointly (together) when selling property, meaning all named attorneys must agree and sign
• A restriction preventing the attorney from selling the donor's home without the consent of a named third party
• A condition that the attorney must consult specific family members before making major financial decisions
• A prohibition on gifting or selling property below market value

Your solicitor will review the LPA carefully to identify any restrictions and ensure the sale complies with them. If the LPA restricts property sales and the conditions cannot be met, an application to the Court of Protection may be necessary to authorise the sale.

Land Registry requirements and anti-fraud measures

HM Land Registry applies enhanced scrutiny to property sales conducted under a power of attorney. This is because attorney sales carry a higher risk of fraud — a dishonest person could forge an LPA or use a valid LPA to sell property against the donor's interests.

Form ID1: identity verification

The Land Registry requires the attorney to complete form ID1 (identity verification for a private individual). This form must be certified by the conveyancing solicitor, who must verify the attorney's identity in person by checking original photographic identification (such as a passport or driving licence) and proof of address.

Additional Land Registry requirements

In addition to form ID1, the Land Registry may require:

• The original registered LPA or a certified copy — a plain photocopy is not sufficient
• Confirmation that the LPA was registered with the OPG before the transaction took place
• Evidence that the attorney is acting within the scope of their authority under the LPA
• A certificate from the solicitor confirming they are satisfied the power of attorney is valid and has not been revoked

These checks can add time to the conveyancing process. For a detailed look at standard conveyancing timelines, see our guide on how long conveyancing takes. The enhanced checks for attorney sales can add one to three weeks on top of the normal timeline.

Court of Protection: when there is no LPA

If the property owner has already lost mental capacity and no LPA was created beforehand, no one has automatic authority to sell their property — not even their spouse, children, or next of kin. In this situation, an application must be made to the Court of Protection for a deputyship order.

The deputyship application process

Applying for a property and affairs deputyship involves:

1. Completing the application forms (COP1, COP1A, and COP3)
2. Obtaining a capacity assessment from the donor's doctor or an approved mental health professional (COP3 form)
3. Paying the court application fee (currently £371)
4. Notifying the person who lacks capacity and their close relatives
5. Waiting for the court to process the application, which typically takes four to six months but can take longer if objections are raised
6. Once appointed, paying the OPG supervision fee (currently £320 per year for active supervision)

In total, the legal costs of obtaining a deputyship order typically range from £1,000 to £3,000 including solicitor fees, court fees, and the bond premium (deputies must take out a security bond). This is significantly more expensive than creating and registering an LPA, which costs £82 per document.

Selling property as a deputy

A deputy's powers are more restricted than an attorney's. Deputies must:

• Apply to the Court of Protection for specific authority to sell the property if this was not included in the original order
• Provide annual reports to the OPG detailing all financial transactions
• Follow any conditions imposed by the court order
• Obtain a professional valuation before selling

The message is clear: creating an LPA while you still have capacity is far simpler, quicker, and cheaper than the deputyship route. If you are reading this guide and do not yet have an LPA in place, it is worth arranging one as soon as possible.

Selling to pay for care

The most common reason for selling a property under a power of attorney is to fund residential care. Under the current means-testing rules in England, a person with assets above £23,250 (including property) is expected to fund their own care. This threshold means that for many families, selling the home is the only realistic way to cover care costs.

Important considerations when selling to fund care:

• The 12-week property disregard. When a person first enters a care home, the local authority must disregard the value of their property for the first 12 weeks. This gives the attorney time to arrange a sale without the pressure of immediate care bills.
• Deferred payment agreements. The local authority may offer a deferred payment agreement, which is effectively a loan secured against the property. This allows the person to remain in care while the property is sold, avoiding the need for a rushed sale.
• Renting the property out. In some cases, renting the property may generate enough income to cover part of the care costs, and may be a less restrictive alternative to selling. The attorney should consider this option as part of the best interests assessment.
• Deprivation of assets. The attorney must not dispose of the property at an undervalue or gift the proceeds, as the local authority could treat this as deliberate deprivation of assets and assess the person as if they still owned the property.

For guidance on the documentation you will need when instructing a solicitor, see our guide on the documents needed to sell a house. You will need the registered LPA and capacity assessment in addition to the standard documents.

The conveyancing process for an attorney sale

The conveyancing process for selling under a power of attorney follows the same broad steps as a standard sale, with additional requirements at key stages. Here is an overview of the costs and timelines you should expect:

For a full breakdown of what conveyancing costs look like, including solicitor fees and disbursements, see our conveyancing costs breakdown. Attorney sales may incur additional legal fees of £200 to £500 for the extra work involved in verifying and documenting the power of attorney.

Record-keeping requirements

Attorneys have an ongoing obligation to keep detailed records of all decisions made and transactions carried out on the donor's behalf. The OPG can request these records at any time, and they are essential evidence if the sale is ever challenged.

For a property sale, records should include:

• The capacity assessment confirming the donor lacks capacity to make the decision
• A written explanation of why the sale is in the donor's best interests, including any alternatives considered
• All property valuations, marketing advice, and estate agent correspondence
• Records of consultations with family members and other interested parties
• The terms of the accepted offer and the reasons for accepting it
• All solicitor invoices, estate agent fees, and disbursements
• A clear record of how the sale proceeds were applied — for example, transferred to the donor's care account or invested for their benefit

Keeping thorough, contemporaneous records is one of the best ways to protect yourself as an attorney and to demonstrate that you have acted properly throughout the process.

Practical steps: a checklist for attorneys selling property

1. Confirm you hold a property and financial affairs LPA (not health and welfare) and that it has been registered with the OPG
2. If the donor lacks capacity, obtain a written capacity assessment from their GP or a specialist
3. Review the LPA for any restrictions or conditions that affect your ability to sell
4. Carry out a best interests assessment, documenting your reasoning and consulting relevant family members
5. Obtain at least two independent property valuations
6. Instruct a solicitor experienced in attorney sales and provide them with the registered LPA, capacity assessment, and title documents
7. Gather the documents needed to sell — the standard documents plus the LPA and capacity evidence
8. Market the property through an estate agent to demonstrate you have sought the best price
9. Complete form ID1 for Land Registry identity verification
10. Keep detailed records of every decision, valuation, offer, and financial transaction
11. After completion, ensure the sale proceeds are applied for the donor's benefit and record how the funds are used

Related situations

Selling as a power of attorney overlaps with several other situations that our guides cover in detail:

• Selling after probate — if the donor has passed away, the LPA ceases to have effect and the property must be dealt with through the probate process instead
• Selling to move abroad — if the attorney is based overseas, additional steps may be required for identity verification and document signing
• Conveyancing costs breakdown — a full guide to the costs involved in selling, including the additional fees that apply to attorney sales

Sources

• Mental Capacity Act 2005 — legislation.gov.uk
• Office of the Public Guardian — gov.uk/government/organisations/office-of-the-public-guardian
• GOV.UK — Lasting Power of Attorney: how to make, register and use
• HM Land Registry Practice Guide 9 — Powers of attorney and other authorisations
• HM Land Registry — Form ID1: Identity verification for private individuals
• Court of Protection — gov.uk/apply-to-the-court-of-protection
• Law Society — Practice Note: Lasting Powers of Attorney
• Law Society Conveyancing Protocol, 5th edition — lawsociety.org.uk
• Social Care Institute for Excellence (SCIE) — MCA Directory
• Care Act 2014 — legislation.gov.uk (care funding and means testing)

Related guides

• Selling a House Held in Trust
• Selling a House for Elderly Parents
• Selling a UK Property While Living Abroad

Frequently asked questions