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If your partner lost capacity (mental capacity that is) due to a car accident or old age, how would you sell the house? The answer is - with great difficulty since the partner's signature would be required but not available. An Enduring Power of Attorney would solve that. You would then be able to sell the house with your signature plus the signature of one of the other Attorneys e.g. a son or daughter or brother or sister of the person who had lost capacity. You would also be able to deal easily with all the partner's other financial affairs. If a parent of yours lost capacity an Enduring Power would be a godsend at a time when life would be difficult enough without the burden of dealing with the Public Guardianship Office. Hence your advisor should discuss the need for an Enduring Power with you along with a range of conditions designed to increase both flexibility and security. (Options include powers of delegation and nomination - useful if you have a significant share portfolio - and a requirement that there should be at least two Attorneys acting jointly in the larger transactions). Getting in touch with County Wills (Northampton) Ltd won't cost you anything- Call 01604 455073, or fill in the enquiry form. Alternatively you can email wills@wills.uk.net |
Loss of mental capacity 
Tel: 01604 455073 - Email: wills@wills.uk.net