PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.
Can a family member buy their fathers house if they have POA for him

Dutch58
Posts: 1 Newbie
My partner and his 2 siblings have POA for their father. It is a full POA covering everything. One of the siblings now wants to buy their fathers property, whilst he still lives there. The other two have said No, however she says she can buy it and then their father can stay there and rent it from her. If that doesn't happen she also has the idea of using her fathers money from any sale of his property to renovate her own property (which she lives in at the moment but it is due to be re-mortgaged) and then have her father live with her. She has been told No from both siblings however she is adamant that she is doing nothing wrong. Can someone advise me accordingly please.
0
Comments
-
Dutch58 said:My partner and his 2 siblings have POA for their father. It is a full POA covering everything. One of the siblings now wants to buy their fathers property, whilst he still lives there. The other two have said No, however she says she can buy it and then their father can stay there and rent it from her. If that doesn't happen she also has the idea of using her fathers money from any sale of his property to renovate her own property (which she lives in at the moment but it is due to be re-mortgaged) and then have her father live with her. She has been told No from both siblings however she is adamant that she is doing nothing wrong. Can someone advise me accordingly please.0
-
Anything she does has to be in the interests of her father, this is not the case with the examples you give."You've been reading SOS when it's just your clock reading 5:05 "8
-
My wife and I recently lodged LPOAs as we’re getting on a bit; we chose to keep it simple , citing only one attorney (each other) then one replacement if they peg out, to avoid Just what you describe (her kids don’t always get on; but my choice as replacement- my eldest step granddaughter - is true as a die and trying to broker peace between her elders!)
Anyway, a great pity that there is dispute. I guess you’ve re-read the OPG advice at
https://www.gov.uk/government/organisations/office-of-the-public-guardian
and the helpful stuff from Age concern, but without going back to my files, I suspect a lot will depend on whether the POA specified that attorneys could act jointly or individually?Even if the was an individual option, and again working from memory, and noting that you have to respect the donor’s wishes if they have any mental capacity, the siblings could deal in the OPG if they felt something was hookey?
So I suspect this can only be resolved in discussions between the siblings? And I wouldn’t like to broker that; good luck1 -
You haven't told us about FIL's mental capacity or what he wants to do?1
-
Selling the home in order to free up capital is unlikely to be in her father's interests. If he needs to go into a care home, he might need the capital, but then there is no need for him to move in with his daughter. He would have no security of tenure if he moved in with his daughter, so how is this in his best interests?
Changes to her own home that add value to it make it more likley that she will have problems with the OPG. She hasn't done anything wrong unless she takes action when the POA requires all the attorneys to agree on a course of action.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.1 -
she says she can buy it and then their father can stay there and rent it from herThat seems like a lot of unnecessary steps for their father to ultimately stay in the same house he's living in now. So why is she claiming this needs to happen?
Never take a stranger's advice. Never let a friend fool you twice.1 -
Why would the father pay to live in his own house? Why should he?
The sister can be all the adamant she likes, but if the other siblings don't agree then it's a non-starter.
Can she not afford the remortgage? Is that what this is...?Thanks for explaining the word 'many' to me. It means a lot.1 -
Is the LPA set up as “Jointly” where permission is required by all 3 attorneys or is it “Jointly and severally” where each attorney can act together or on their own to make decisions?If jointly then she won’t get far with the paperwork if others refuse to sign.1
-
In what way would it be in the fathers best interests to sell his property, to his daughter or anyone else, and then rent it back off them?
Why would being a tenant be better than being an owner?0 -
Very high risk of this being deemed "not in father's best interests" which is pretty serious for an attorney....
5
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.4K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 241K Work, Benefits & Business
- 617.3K Mortgages, Homes & Bills
- 175.7K Life & Family
- 254.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards