Property Sales with Power of Attorney in Place: A Helping Hand When it’s Needed Most
Powers of Attorney when selling property can present challenges, especially when managing an owner who is hesitant to sell but is compelled to for their own well being. This commonly occurs when a Power of Attorney (POA) is enacted, granting legal decision-making authority to a designated individual. Whether prompted by health concerns, financial pressures, or the need for enhanced accessibility, the experience can be emotionally demanding for all parties involved.
Tips for Handling a Reluctant POA Sale
- Communicate Openly: Begin with a candid conversation. Understand the owner’s concerns and wishes, and involve them in the process as much as possible. When possible, this helps in making them feel that decisions are being made with them rather than for them.
- Use Professional Expertise: Using an experienced solicitors and estate agents like Hastings Legal can make a world of difference. Experts in POA can help handle the practicalities of the sale, but also provide a buffer, managing difficult conversations and reducing stress for the POA and the owner.
- Integrated Legal and Property Services: Navigating the legalities of selling a property under a POA can be daunting. That’s why we offer integrated services, combining legal advice and property management, to streamline the process. This ensures that all legal obligations are met without unnecessary delays or complications.
- Accompanied Viewings: One of the sensitive aspects of selling a home is opening it up to potential buyers. Our team offers accompanied viewings, so you can trust that the property is presented in the best possible light, while also keeping the process as smooth and stress-free as possible for the owner.
What Happens if the Property Doesn’t Sell Before a Death?
It’s an unfortunate reality that sometimes, despite the best efforts, a property may not sell before the owner passes away. In such cases, the sale process doesn’t stop; it simply evolves. The attorney’s authority typically ends upon death, and the responsibility then shifts to the executor of the estate. At Hastings Legal we continue to work closely with the executor, ensuring the sale proceeds smoothly and in accordance with the deceased’s wishes.
When a POA is not in place?
If someone is no longer able to grant a Power of Attorney due to incapacity, securing a court-appointed guardianship becomes essential but can be a lengthy process. It’s best to consult legal experts as soon as possible to avoid unnecessary delays. At Hastings Legal, we’re here to assist at any stage, helping you navigate these challenges with confidence.
If this blog has sparked a conversation around Powers of Attorney and Wills and you need further advice please contact our legal office to arrange a Free Will checking appointment or to discuss the matter with our team.
Hastings Legal specialise in providing friendly legal and property advice.
We recommend that every adult should have in place an up-to-date Will and a Power of Attorney.We are regulated by the Law Society of Scotland so you can be sure that we have your best interests at heart.
Hastings Legal have offices in Kelso, Duns, Coldstream, Eyemouth, Selkirk and Jedburgh.
Further information
