Can a Power of Attorney Sell a Property in the UK?
Yes, a power of attorney can sell a property in the UK—provided the legal documentation grants that authority. If the property owner (donor) is unable to manage their affairs due to absence, illness, or loss of capacity, a trusted individual (attorney) can act on their behalf through a valid Power of Attorney (POA).
This guide explains the legal framework for property sales under a POA, the types of authority required, the steps involved, and how to avoid costly mistakes.
If you’re looking to support a loved one or prepare for the future, understanding how a power of attorney can sell property in the UK is essential. For tailored advice, book a free consultation with our expert team today.
How Can a Power of Attorney Sell a Property in the UK?
To legally sell a property, the attorney must have a registered Lasting Power of Attorney (LPA) for property and financial affairs, or an Enduring Power of Attorney (EPA) made before 2007. The POA must explicitly include property transactions as part of the granted powers.
A properly authorised attorney can handle the entire process—from instructing estate agents and solicitors to signing contracts and completing the sale.
Situations Where Property Sales Under POA Apply
- The donor is living abroad
- The donor is unwell or lacks mental capacity
- The donor prefers someone else to handle the sale due to time constraints
It’s essential that the attorney acts in the donor’s best interest at all times, as outlined by the Mental Capacity Act 2005.
Understanding the Types of Power of Attorney
To sell a property, the following types of POA are relevant:
- Property and Financial Affairs LPA – Grants authority to deal with bank accounts, bills, and property transactions.
- Enduring Power of Attorney (EPA) – Valid if created before October 2007 and registered once capacity is lost.
Note: A Health and Welfare LPA does not cover property transactions.
| Type | Usage | Registration | Can Sell Property? |
|---|---|---|---|
| Property & Financial LPA | With or without capacity | Mandatory before use | Yes, if specified |
| Enduring POA | While capacity remains | Register when capacity is lost | Yes, with conditions |
Documents Needed to Sell Property With POA
Attorneys must gather and present the following documents:
- Certified copy of the registered POA
- Land Registry title deed
- Transfer deed (TR1) form
- Property information forms (TA6, TA10)
- Energy Performance Certificate (EPC)
- ID and proof of address for the attorney
Consulting a conveyancer or solicitor is strongly advised to ensure the sale is legally sound. For a detailed overview of POA documentation, refer to the UK government guidance on POAs.
Steps to Selling a Property With a Power of Attorney
1. Confirm POA Authority
Ensure the POA document specifically permits property sales and is registered with the Office of the Public Guardian.
2. Notify Estate Agents and Solicitors
Provide certified POA documents and ID when instructing professionals. Clarify that you’re acting as attorney for the donor.
3. Prepare the Property
Gather deeds, mortgage statements, boundary plans, and ensure the property is market-ready.
4. Obtain Valuation and Set Sale Price
Use an RICS-qualified surveyor to provide a professional valuation to avoid disputes or claims of underselling.
5. Oversee the Sale Process
Negotiate, accept offers, and sign the sale contract—always in the donor’s best interests.
How to Ensure Legal Compliance
Attorneys must follow the legal safeguards outlined in the Mental Capacity Act. Here’s how to stay compliant:
- Keep records of all decisions made
- Maintain transparency with family members
- Ensure fair market value through valuation
- Only act within the powers granted
Important Note
The POA may be revoked if the donor regains mental capacity or passes away. In such cases, the attorney’s authority ends immediately.
Real Case Examples of Property Sales Under POA
Example 1: A son used an LPA to sell his mother’s bungalow after she moved into a care home. The POA was properly registered, and a solicitor oversaw the sale to ensure the proceeds were used for her care.
Example 2: A daughter selling her father’s London flat faced delays because the POA document didn’t clearly mention property sales. After legal intervention, the wording was corrected and registered properly.
These examples underline the importance of proper documentation and early planning. For proactive advice, see our transparent pricing plans or book a call.
Common Pitfalls to Avoid
- POA not specifying authority to sell property
- Using an unregistered POA
- Failing to act in the donor’s best interests
- Not involving a solicitor early on
- Overlooking mortgage lender requirements
To avoid these mistakes, work with professionals who understand both property law and POA rules. Our team can help—speak with an expert today.
Conclusion: Can a Power of Attorney Sell Property in the UK?
Yes, a power of attorney can sell a property in the UK—but only if the legal requirements are met. The POA must be valid, registered, and clearly state the authority to manage property transactions. With proper planning and legal support, attorneys can oversee property sales smoothly and in full compliance with UK law.
To explore your options or check if your POA qualifies, book a free consultation with MP Estate Planning or visit our pricing page to learn how we can help you move forward with confidence.