Lasting Power of Attorney- land sale?

GreenEyes2

Hello there I wonder if someone has some advice to help me regarding gifting / selling land.
My aunt was diagnosed with early onset dementia last year and shortly before this her husband died. A couple of months before this they agreed with neighbours to gift them a piece of land adjoining their properties and paperwork began with solicitors on both sides. Due to Covid, the death of my uncle and my aunts dementia there were some delays. I became aware of this all when a solicitor acting for my uncle and aunt called. I explained the situation and he said he could not take the case forward due to my aunts lack of capacity. He would give me no in depth detail as to how far the case had come due to the LPA not being in place at that time. (It is in place now after a 6 month delay due to covid)
The neighbours have now approached my aunt directly through her email and I have told them what I have been told by the solicitor and spoken to my aunt who says she does not want to proceed due to wanting to move. Due to dementia my aunt tells them the opposite.  The neighbours are requesting I still go ahead as a lot of the agreement they had was verbal but I do not feel I can and not sure if I could legally anyway. I am looking for some advice on whether I would be able to as Lasting Power of Attorney as I cannot find info on this on the internet. Can anyone advise me please? Tahnk you.

 

TripleH

To check, a solicitor was instructed before your Uncle died to transfer this land?

I assume at this stage, your aunt is still in reasonable possession of her faculties and understanding of what is going on?

It might be worth having a chat with her about her exact wishes and what has happened before in a calm environment (it must be a hard time for her loosing her husband added with dementia and the last 2 years).

I would explain to her neighbours that you will look into this situation and ask they not raise it with her personally. Was a price agreed or is it being gifted?

GreenEyes2

Hello TripleH
Sadly she has lost capacity and I am dealing with the neighbours on this but also the fact that they have been around to her against our wishes to talk with her. I find if you ask her directed questions she will agree with what you are saying but direct and open ended she doesn't agree. 
As for a price- not as such. A nominal fee of £1 is in the initial and only paperwork however a verbal agreement of work needed to be done to secure the two properties and some maintenance- the neighbours have gone ahead and completed this before the paperwork was sign- it is all he said, she said.

I would be happy just to know where I stand within the law too if we did agree to go ahead as I am unsure I can do this with LPA anyway.
I have requested that as a legal matter everything to be put in writing (via email in this case) as I think they feel I am being obstructive but I have pointed out that I have my aunts best interests in mind and to stay within the law.

I work with the Mental Capacity Act and it states that someone would have to be consistent in their recall of info and my aunt isn't. 

Savvy_Sue

You'd be OK proceeding with this if it was clearly in your aunt's best interests to do so. If that's unclear ... 

She says she wants to move - would this transfer make a sale easier to achieve / get a better price?

BargainJunky

As the Solicitor says he could not take the matter further due to your aunts lack of capacity I would assume that the transfer of the land can no longer happen on whatever terms were agreed.  If it happens I am guessing it would devalue your aunts property and you need to act in the best interest of your aunt.  Would the lack of the land make your aunts property harder to sell?  

GreenEyes2

BargainJunky said:

As the Solicitor says he could not take the matter further due to your aunts lack of capacity I would assume that the transfer of the land can no longer happen on whatever terms were agreed.  If it happens I am guessing it would devalue your aunts property and you need to act in the best interest of your aunt.  Would the lack of the land make your aunts property harder to sell?  

Savvy_Sue said:

You'd be OK proceeding with this if it was clearly in your aunt's best interests to do so. If that's unclear ... 

She says she wants to move - would this transfer make a sale easier to achieve / get a better price?

Thank you both and yes it would devalue or at least make the property less attractive. My aunts house is an end of terrace and the access to the side is the piece of land that the neighbours want. This would make the house only accessible from the front door and the same as all the others in the road- no easy access for builders etc The neighbours already have gated it and I have to ask for them to unlock to let gardeners in etc
I have just received another email from them asking for me to talk to their solicitor as he would like to discuss the terms of the LPA.
I feel this would not only be to their advantage but he shouldn't be advising me as it it conflict of interest- this does not sit well.

Savvy_Sue

I agree that their solicitor cannot advise you, but then I'd be surprised if he tried to do so. He may be checking what the LPA covers, ie is it Finance and property, are there any notes in it with limitations or indications.

But you may need to ask your solicitor to write to them, stating that the sale cannot proceed and that the neighbours should take steps to return your aunt's property to its original state. 

Well, that's my view. I may be wrong ... 

GreenEyes2

Savvy_Sue said:

I agree that their solicitor cannot advise you, but then I'd be surprised if he tried to do so. He may be checking what the LPA covers, ie is it Finance and property, are there any notes in it with limitations or indications.

But you may need to ask your solicitor to write to them, stating that the sale cannot proceed and that the neighbours should take steps to return your aunt's property to its original state. 

Well, that's my view. I may be wrong ... 

Thank you, I agree and will ask my solicitor to do so. It is my understanding he wants to ask about the LPA and its terms yes.
I have today found info. to send to the neighbour regarding the Court of Protection and the possibility that I may have to do that to go ahead with his request. I am reluctant to do so as we are already in the process of doing this for something else in my Aunts best interest and there is over a year waiting list anyway.
All in the best interests of my aunt and with the advice here it has reiterated it for me and made me see that clearer. Many thanks.

elsien

If the LPA covers finance and property, I’m not sure you’d need an application to the CoP so referencing that could be a bit of a red herring for them if they think that’s your only objection. Might be better just to be honest and say you’re weighing up whether it is a good idea to go ahead or not, and please will they leave MIL alone in the meantime. 

As you say, it’s about what is in MiLs best interests. Balancing up the impact of going ahead now with the reasons they agreed the sale in the first place. 

Do you know why they were gifting the land to the neighbours rather than selling it, and do those reasons still make sense (if they ever did)?

getmore4less

AIUI land transfers require a deed.

If the land transfered to sole ownership of the aunt where she is no longer able to execute a deed.

LPA giving away an asset could be an issue.

Best interest.
Deprivation.

There is the background this could have happened if she had capacity so that angle can still be considered as best interest also includes actions a person with capacity would have done 

Ms_Chocaholic

Do you think the neighbour were possibly pressurising your aunt initially when she may have been vulnerable with an unwell husband (presuming he was unwell prior to his death).