Lasting Power of Attorney: Don’t leave it too late

We were instructed by a husband whose wife was residing in a care home near Chelmsford, Essex having sadly lost capacity. He wanted to sell their Essex home, downsize and generally tidy his affairs.

Upon further investigation it was discovered that he and his wife were the legal and beneficial owners of the main residence, so technically he couldn’t sell their home without his wife (or her attorney’s) approval.

Unfortunately, the wife did not have an Enduring Power or Lasting Power of Attorney for finances in place, so he found himself in a position where he could not sell the property.  As such, he lost numerous buyers.

We advised the husband that he would need to make an application of the Court of Protection in order to obtain a Deputyship Order, so the Court could appoint deputies to legally manage her affairs.

A Deputyship Order would then allow those appointed by the Court to assist the wife in managing her financial affairs, including selling the property.

Whilst we were not able to speed up the selling of the main residence (so the husband could downsize), we were able to obtain a Deputyship Order on behalf of the client, but this took many months, which caused much anguish to the husband.

If you have the mental capacity to create Lasting Powers of Attorney, it is best to create them sooner rather than later in order to avoid complications such as those experienced by this client.

Learn more about our Lasting Power of Attorney services here.

Mr R – Braintree, Essex