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Can a family member buy their fathers house if they have POA for him

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.
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  • Marvel1
    Marvel1 Posts: 7,136
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    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.
    Is the house mortgage free now?
  • AlexMac
    AlexMac Posts: 2,959
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    edited 8 December 2023 at 3:29PM
    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 luck
  • user1977
    user1977 Posts: 13,331
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    You haven't told us about FIL's mental capacity or what he wants to do?
  • tacpot12
    tacpot12 Posts: 7,850
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    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.
  • she says she can buy it and then their father can stay there and rent it from her
    That 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?
  • 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...? 
    In 1915, the lock millionaire Cecil Chubb bought his wife Stonehenge. She didn't like it, so in 1918 he gave it to the nation.
  • 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. 
  • WYSPECIAL
    WYSPECIAL Posts: 620
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    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?
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