Estate agent problem with EPA

vigman

Hi

I have an Enduring Power of Attorney for my very elderly mother. This was drawn up in 1998. I have used it to open bank accounts and sign care home contracts.
We now have to sell her cottage to pay the home fees and pay back my brother and myself for fees already paid.

We put her home in the hands of a local Chancellors estate agent. With documents requested I gave the 1998 signed and witnessed EPA. However the sale is now on hold because Chancellors’ legal department want an EPA registered with the Office of the Public Guardian.

I rang the OPG and they said it was only estate agents who ask this and they advised me to make a retrospective application to register the EPA which I have just done

Since then I have spoken to a specialist conveyancing solicitor who said the 1998 signed and witnessed EPA should have been acceptable as they didn’t have to be registered at the time.

Has anyone got experience of this and should estate agents accept an old un-registered EPA have been acceptable for selling my mother’s cottage?

Since writing this I have heard from the OPG that an old EPA has to be registered when the donor loses mental capacity, which my mother has

TIA

user1977

Since writing this I have heard from the OPG that an old EPA has to be registered when the donor loses mental capacity, which my mother has

Doesn't that answer your question? Is there a reason why it matters? I see you have already applied to register it anyway.

p00hsticks

No personal experience of having to use either to sell a house, but I have been named on both types, and I agree that the 'old-style' EPA didn't need to be registered with the OPG unless and until the donor lost capacity whereas the new-style LPAs are registered straight away as part of the set up process.

herbalme

If your mother has lost mental capacity, the 1998 EPA does need to be registered with the Office of the Public Guardian before it can be used to sell her property. So the estate agent is correct to insist on registration. It’s frustrating, but once the OPG processes the retrospective registration, you should be able to proceed with the sale. In the meantime, ask the agent to keep the sale on hold rather than remarketing the property.

kingstreet

I wonder what the agent needs when an executor/administrator puts a deceased person's property on the market before probate/letters of administration are granted?

vigman

https://forums.moneysavingexpert.com/discussion/comment/81998061#Comment_81998061

I forgot to say that this old EPA explicitly states that it is valid even if the donor loses mental capacity. I take it this was over written at some time?

vigman

I meant to say that this EPA states it is valid even if the donor loses mental capacity. That must have been overridden at some time?

This post is also a warning to folks that hold an old EPA to get it registered in good time to sell a house.

vigman

They won’t even proceed with viewings until this is registered!

jackieblack

https://forums.moneysavingexpert.com/discussion/comment/81998158#Comment_81998158

Ours just wanted sight of the will confirming who the executors were, to confirm we had the authority to put the house up for sale, and asked to be kept updated when probate was both applied for and granted, mainly so they could answer the question if asked by interested parties