IT CAN be a stressful time for families when advised that they need to sell their parents’ home due to ill health or because equity is required to fund care home fees, writes Catherine Richardson, senior solicitor at Lupton Fawcett.
When acting under a Lasting Power of Attorney (LPA) or Deputyship Order, and it does not specifically prevent the selling of property, then you may already have the authority to go ahead and place the property on the open market for sale, deal with the necessary forms and distribute the net sale proceeds.
If there is a restriction in the LPA or Deputyship Order which prevents you from selling the property, you may need to make an application to the Court of Protection stating why it is in the best interests of the person you act for to sell the property. This must be done before the property is placed on the open market to prevent delays with any proposed sale.

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