Big delay on house purchase!

HollieBobbi

My partner and I put an offer in on a house 12 weeks ago which was accepted. Everything was going smoothly until the sellers ex partner who still has joint ownership of the house has been sectioned for 6 months. She has no power of attorney and out mortgage off expires April 29th and she is due to hopefully come out may time. And that's if there is any improvement. Is there a way around this? Can someone still get power of attorney for her even if she isn't of sound mind? We really don't know what to do we love the house! Are we better trying to get an extension on the mortgage? And can this be done without a lot of fuss?
Thanks, what a headache!! :eek:

AdrianC

Power of attorney can only be assigned through a lengthy and expensive procedure by applying to the court of protection.
https://www.gov.uk/courts-tribunals/court-of-protection
...and I very much doubt they'd grant PoA to an ex. So, unless this person has somebody who would be an appropriate attorney, you've got a dead end there.

I'd say your only choices here are to either speak to the lender or find another property.

penguingirl

Sections don't automatically run to the end of the 6 months- when someone is placed on a section 3 (which is the normal that would be this timescale) it is always for 6 months. A Dr could discharge her before the end of it, or the section could be extended (for 6 month and then 12 month periods). So that makes it hard for you to know what timescales to expect- she could be out of hospital next week, or it could drag on for a long time. Also you'll have to speak to your solicitor about whether they can find out from the vendors solicitor if it will prevent her being able to sign documents. Capacity is complex, and is specific to decisions so her being sectioned does not necessarily mean she doesn't have capacity to transfer the property, but obviously her solicitors will have to pursue it and I imagine they would want a capacity assessment to be done by a qualified mental health professional (psychiatrist/psychologist/social worker or similar)

HollieBobbi

They were trying to sort out power of attorney for their daughters. This house is part of the divorce settlement. I think it's a dead end too!

csgohan4

walk away, You can't predict Mental health

AnotherJoe

Another "walk away", sorry.

stator

It's quite foolish of them to market a property in these circumstances.

You should probably start looking for something else but keep this deal on the back burner. If you find something better you can withdraw your offer. If they get POA and sell the house then you can go ahead with it.

Since it's so uncertain I certainly wouldn't sit and wait, doing nothing.

davidmcn

stator wrote: »

It's quite foolish of them to market a property in these circumstances.

My reading of the OP is that they marketed it and accepted the offer before she was sectioned.

HollieBobbi

Yes that's correct, I'm not sure if that would make a difference

silvercar

People are sectioned because they are a danger to themselves or other people, it doesn't automatically mean that they are incapable of making financial decisions.

I would read "for 6 months" as up to 6 months.