Using a Lasting Power of Attorney to Sell Property UK
Updated: 16 May 2026 • Reading time: 8 min
When a parent develops dementia or another condition that removes their mental capacity, one of the most pressing practical questions is: who can sell their house? If they made a Property & Financial Affairs Lasting Power of Attorney (LPA) while they had capacity, the answer is their attorney — provided the LPA is registered with the Office of the Public Guardian. Without one, a lengthy and expensive Court of Protection application may be the only route.
What a Property & Financial Affairs LPA Covers
A Property & Financial Affairs LPA gives the attorney authority to make decisions about all of the donor’s financial matters — including:
- Buying, selling, or mortgaging property
- Managing bank accounts, investments, and pension income
- Paying bills and managing everyday finances
- Making gifts on the donor’s behalf (subject to statutory limits)
- Entering into contracts on the donor’s behalf
Crucially, a Property & Financial Affairs LPA can be used both while the donor has capacity (if they consent to the attorney acting) and after capacity is lost. This distinguishes it from an ordinary power of attorney, which automatically ceases when the donor loses capacity.
The Registration Requirement
An LPA has no legal effect until it is registered with the Office of the Public Guardian (OPG). Registration currently takes around 20 weeks and costs £82 per LPA (as of 2026). The OPG checks the LPA for defects before registering it and notifies any persons named to be told of the registration.
Once registered, the OPG issues official certified copies. For property transactions, HM Land Registry requires an official copy of the registered LPA — not a photocopy of the original. Official copies can be ordered from the OPG online.
How a Property Sale Works in Practice
When an attorney sells the donor’s property, the process follows normal conveyancing but with the attorney signing all documents on the donor’s behalf. The key steps:
- Instruct a solicitor or conveyancer experienced in LPA transactions
- Provide an official copy of the registered LPA to the conveyancer
- The attorney signs the transfer deed (TR1 form) on behalf of the donor, stating their capacity as attorney
- HM Land Registry will register the transfer against evidence of the registered LPA
- Sale proceeds must be paid into the donor’s account (not the attorney’s) and used for the donor’s benefit
Attorney Duties and Conflict of Interest
An attorney acting under an LPA has strict legal duties under the Mental Capacity Act 2005 and the LPA Code of Practice:
- Act in the donor’s best interests — not for the attorney’s convenience or benefit
- Keep accounts — maintain records of all income, expenditure, and transactions
- Keep finances separate — never mix the donor’s money with the attorney’s own funds
- Avoid conflicts of interest — an attorney cannot buy the donor’s property without Court of Protection approval
- Apply the minimum intervention principle — take the least restrictive action that achieves the necessary outcome
Jointly Owned Property
Where the donor co-owns property with another person who retains capacity (such as a spouse), the conveyancing is more straightforward: the capable co-owner signs the transfer personally, and the attorney signs on behalf of the donor. Together they form the two trustees needed to overreach beneficial interests, allowing the sale to proceed without a Court of Protection order.
If both co-owners lack capacity — for example, both have advanced dementia — a Court of Protection order will be needed for the sale, as there are no surviving capable trustees to provide the overreaching protection buyers require.
Selling Property to Fund Care
Selling a family home to fund care home fees is one of the most emotionally and practically challenging decisions an attorney faces. Points to consider:
- Consider whether the donor might realistically return home before agreeing to sell
- A premature sale can affect means-tested care funding calculations and benefits
- Deliberate deprivation of assets to avoid care fee means testing can be challenged by the local authority
- If the donor’s spouse or a dependant lives in the property, local authority mandatory disregards may apply to the property’s value for 12 weeks after the donor enters care
- Rental income from the property (if not sold) can contribute to care costs without triggering a sale
What If There Is No LPA?
If the donor has already lost capacity and no LPA was made, the only option is to apply to the Court of Protection for a deputyship order. A property and financial affairs deputyship gives the deputy the same authority as an attorney, including the power to sell property — but the process is significantly slower and more expensive:
- Court fee: £371 (application) + £494 (order) = £865 in court fees alone
- Medical evidence of incapacity required
- Application typically takes 6–12 months
- Annual supervision fees and reporting requirements ongoing
This underlines why making an LPA while you have capacity is so important — it costs £82 to register and is immediately usable if needed. Delaying can cost thousands and many months of waiting.
Frequently Asked Questions
Can an attorney sell property under a Lasting Power of Attorney?
Yes — a registered Property & Financial Affairs LPA authorises the attorney to sell, buy, or otherwise deal with the donor's property. The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA has no legal effect. The attorney must act in the donor's best interests and within any restrictions set out in the LPA document. If the LPA restricts property sales (for example, limiting it to one named property), those restrictions are binding.
What does the Land Registry require when an attorney sells property under an LPA?
When an attorney sells property under an LPA, HM Land Registry requires: (1) an official copy of the registered LPA from the OPG (the attorney must apply for this separately — a photocopy is not sufficient for registration purposes); (2) a Land Registry form TR1 (transfer of whole) or TR2/TP1 signed by the attorney on the donor's behalf, with the attorney stating their capacity; (3) evidence that the donor lacked capacity at the relevant time is not required for the registration itself, but the attorney should be able to demonstrate that they were acting within the LPA's authority. The conveyancer acting on the sale will normally handle all registration formalities.
Can an attorney buy the donor's property themselves?
No — not without Court of Protection approval. An attorney acting under a Property & Financial Affairs LPA owes a fiduciary duty to the donor and must not profit from the relationship or place themselves in a position of conflict of interest. Selling the donor's property to themselves (or to a connected person such as a spouse or business partner) is a clear conflict of interest and constitutes a breach of the attorney's duties. If discovered, such a transaction may be set aside by the Court of Protection and the attorney may be required to account for any profit. The OPG can also investigate and apply to have the LPA revoked.
What if the property is owned jointly with someone who still has capacity?
If the donor co-owns property with someone who retains capacity (for example, a spouse who has not lost capacity), that co-owner can generally sign the transfer themselves. For a sale of jointly owned property, both the attorney (acting for the donor who lacks capacity) and the co-owner (signing personally) must execute the transfer. Where there are two or more trustees of land, overreaching applies — the buyer pays the purchase price to at least two trustees (or a trust corporation), overreaching any beneficial interests. The attorney and the capable co-owner together form the two trustees needed for overreaching in most cases.
Can an attorney sell property when the donor is in a care home?
Yes — selling the donor's property to fund care home fees is one of the most common uses of a Property & Financial Affairs LPA. The attorney can sell the donor's property and use the proceeds for the donor's benefit, including care costs. The attorney must keep accounts of all transactions and must not mix the donor's money with their own. If the property is the donor's only or main residence, the attorney should consider whether the donor might return home before agreeing a sale — selling prematurely can affect the donor's entitlement to means-tested care funding and their wellbeing.
Does the LPA need to be registered before the attorney can sell property?
Yes — absolutely. An LPA only has legal effect once it is registered with the OPG. An unregistered LPA is not a valid authority to act. Registration takes 20 weeks on average (as of 2026), so it is critical to register the LPA well before capacity is lost. If the donor has already lost capacity and there is no registered LPA, an application to the Court of Protection for a deputyship order will be needed — a slower and more expensive process (typically £1,000–£3,000+ in court fees and legal costs). A deputyship order can authorise property sales in the same way as an LPA.
Make an LPA Before You Need One
An LPA only works if it’s registered before capacity is lost. WillSafe helps you understand your planning options and create a will that works alongside your LPA to protect your family.
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