General power of attorney queries. 19 September 2022 at 11:48AM in Marriage, relationships & families 9 replies 284 views

Troy_af

Good morning.

I am looking to set up a general power of attorney, so that my partner can sell my home on my behalf and then also buy a new property, which we will both own. This is due to my work circumstances, which will involve me being uncontactable for up to 6 month.

I am just trying to get as much information as possible on this before I decide for definite to set up a power of attorney. I have tried doing a little research but for some reason every link or article I see on the internet always refers back to a lasting power of attorney, which is not the type that I need.

So the first question I have, is there anything which would not be covered under a general power of attorney which could affect a house sale and purchase? I just want to make sure that nothing is going to be missed and that there are no loopholes. For example could my partner sign for a mortgage application on my behalf and have full access to my bank accounts, for example in order to pay a deposit?

Also another question. I am being quoted £500 to set this up, I was wondering if this is a reasonable price. I do have an appointment with a solicitor and I’m sure they should be able to answer all of these questions but I have had a pretty dreadful experience with solicitors recently and I’ve received more help from this forum than actually speaking to any solicitor.

Any information or advice would be greatly appreciated.

 

 

sheramber

When my friend's husband moved to New Zealand ahead of their house being sold he gave his solicitor POA to act for him in the house sale.

elsien

That’s a ridiculous amount of money compared to the LPA. But Google has come up with several sites which say you to £500 so not totally out of the ball park. 

It’s probably because there’s no set format and if you DIY it, no way to know if there’s a problem until something goes wrong. 

https://www.lawsociety.org.uk/topics/private-client/ordinary-powers-of-attorney

Brie

As I understand it there are 2 types of PoA.  One is for health and the other for wealth.  So you're looking for the wealth one (aka financial)  

You can apply online for this which costs £82 so no need to pay out huge amounts.  

Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk)

Flugelhorn

It maybe called a lasting power of attorney but you can always cancel it if you want - as above £82 online is the easiest route - having said that I am not sure that it would enable them to sign for a mortgage application though? maybe it does

elsien

Brie said:

As I understand it there are 2 types of PoA.  One is for health and the other for wealth.  So you're looking for the wealth one (aka financial)  

You can apply online for this which costs £82 so no need to pay out huge amounts.  

Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk)

That's the LPA. The OP isn't after an LPA, they want an ordinary power of attorney which is different. Unlike the :LPA it is only valid when the person has capacity and it doesn't need to be registered with the OPG. 
They might want to consider whether an LPA might serve instead but that depends on the timescales and how quickly it is needed given the delays with getting LPAs back at present. 

Troy_af

Flugelhorn said:

It maybe called a lasting power of attorney but you can always cancel it if you want - as above £82 online is the easiest route - having said that I am not sure that it would enable them to sign for a mortgage application though? maybe it does

Thing is, it is very important that they will be able to take out a mortgage application and also have full access to my bank accounts. This is in the event of the mortage offer expiring after 6 month and us having to find a new mortgage, which has happened to us twice now given how long it is taking to complete on house purchases.

Troy_af

sheramber said:

When my friend's husband moved to New Zealand ahead of their house being sold he gave his solicitor POA to act for him in the house sale.

That's good to know.. but was he still contacted throughout the process for any reason. My situation may be different as I will not be contactable whatsoever.

I'm basically trying to find out exactly how much power a power of attorney gives. Does it just give the attorney power to deal with the sale, but you would still need to have some input, ie signing of contracts etc. Or does it give the attorney complete power on your behalf to deal with every aspect, ie sign contracts, take out a mortgage etc.

sheramber

I don't know if he was contacted but the solicitor signed the documents.

One of my son's lies abroad and sold his house last year. He did however agree the sale price, but my other son had pPOA to sign the documents.

You should discuss the position with your solicitor who will have more experience of such matters.

MovingForwards

Think it's a s28 short power of attorney you're after, I can't get to my papers to double check. It means you grant someone permission to act on your behalf for a specific thing eg buying and selling the property. 

My solicitor did one as I was buying at the start of the pandemic and it allowed him to sign everything on my behalf.