My sister has been in a Nursing Home for 6 years and does not have capacity. Her partner, unmarried, has LPA. They are Tenants in Common. He lives in the property, has remarried recently and wants to sell the property promptly.
Can he do this and what is the process for doing so?
He intends to rescind his LPA. Would he be able to sell the property if he does not have LPA?
Hi John.
One for the legal experts out there … AGE UK gets my vote over Shelter :
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Tenants in Common. If you co-own a property as tenants in common, each co-owner owns a specific share of the property. … A tenancy in common agreement is ideal for people who wish to own property jointly with their partner but wish to leave their share of the property to someone else when they die.
( In whose interest is the partner acting ? … whose protecting your sister’s interests if the LPA is rescined ? … definately one for those legal experts ! )
Hi John,
Dredging my memories from when I set up LPA for my Mum, many years ago I believe that the attorney MUST act in the best interests of the person concerned and can be prosecuted if they fail in this. Selling the house MUST be in HER best interests to happen.
I cannot pick up from your post whether you are hoping he can or can’t sell.
If he renounces the LPA I would think, and you MUST get solid experienced advice on this, that he cannot sell the house at all. (Can’t cut it in half). Does your poor sister (so sorry for whatever has caused her to be without capacity) have a will? Who inherits her half if so? If not, who inherits her half?
If he can sell then surely half of the proceeds must go into her estate and if that happens how does it affect her funding or her fees for her Home?
If you go onto the .gov website there is a lot of info on being an attorney.
Are there ‘back up attorneys’? Will you have to go down the route of Court of Protection?
Please get expert advice for yourself and your sister.
KR
I agree that legal advice is needed.
I am not an expert but my view is that there are two separate issues. If they are tenants in common (as opposed to joint tenants) then in my opinion he can sell, LPA or not. Half (if it is a 59/50 arrangement) is paid to your sister. As for the LPA, can you see the text of it - does it provide for a substitute if the present attorney withdraws? perhaps another relation or a solicitor. I would start by reading the LPA itself if you can get hold of it.
Take it all with a pinch of salt.
This is a real can of worms, especially as far as nursing home fees are concerned!
How is her nursing home place currently funded
How old is sister?
Did she write a will?