Buying house where family have LPA

JJWSJS8700

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

‘…and should always be registered from day one’.

Where you stated:

It should it be registered from day one, do you mean when you have received it from OPG, you have to contact them again on the first day, to activate the LPA?

Thank you

housebuyer143

JJWSJS8700 said:

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

‘…and should always be registered from day one’.

Where you stated:

It should it be registered from day one, do you mean when you have received it from OPG, you have to contact them again on the first day, to activate the LPA?

Thank you

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