My mother has been diagnosed with Alzheimer’s and is currently in a nursing home. I have an Enduring Power of Attorney to deal with her affairs, does this mean that I can now sell her property and dispose of her belongings?
Any power granted to you under the Enduring Power of Attorney (EPA) will technically cease once your mother is no longer mentally capable of managing her own affairs.
You are obliged to register your Enduring Power of Attorney with the Office of the Public Guardian (OPG) once you believe your mother no longer has the ability to mentally manage her own affairs.
Once the EPA has been registered with the OPG you can then sell her property – provided there is no prospect of your mother returning home. It would be wise to ensure any brothers or sisters or other close members of the family agree with the proposed sale and, in many cases, it may be necessary to sell the property in order to fund long-term care.
If no Enduring or Lasting Power of Attorney existed, then once your mother was diagnosed as being mentally incapable of managing her own affairs, you would be need to apply to the OPG to appoint a “Deputy” to deal with your mother’s assets.
• Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk