Selling a parent's house with an LPA
Meet Jean: when a parent's house needs to be sold
Selling a parent's house to pay for care is one of the hardest jobs a family faces. Whether it goes smoothly often comes down to one document: a property and financial lasting power of attorney (LPA).
We will follow one family through the same situation twice. Jean and her family are an illustrative example, but their story is very common.
- Jean is 79, widowed, and owns her £320,000 home in her name alone.
- She has about £40,000 in savings and two adult children, David and Sarah.
Jean has a serious stroke. Doctors confirm she can no longer manage her money, and she needs full-time care costing over £1,000 a week. Her savings will not last, so her home must be sold.
Scenario one: Jean has no LPA
Jean always meant to "sort out the paperwork". Without an LPA, David and Sarah have no legal authority over her money or home.
- The bank will not let them access her accounts, so the care home cannot be paid.
- They cannot sell or rent out her house.
- They must apply to the Court of Protection to be appointed to act for her.
David applies. He needs a medical assessment, court forms and a court fee, and the process takes many months. Meanwhile, unpaid care fees build up at over £4,000 a month.
Once appointed, David must pay for an insurance bond, send yearly reports and pay a yearly supervision fee. Only then can he sell the house.
Scenario two: Jean made a property and financial LPA
Three years before her stroke, Jean made a property and financial LPA, naming David and Sarah to act together or separately, and registered it.
What they can do straight away
- Register the LPA with Jean's bank and pay the care home on time.
- Keep her bills paid and tell the insurer the house is empty.
- Put the house on the market and sign the sale paperwork for her.
The sale money goes into Jean's own account, not theirs, and pays for her care. Jean had also written that her grandchildren should choose keepsakes from the house, so her family know exactly what she wanted.
What attorneys can and cannot do with a property
Attorneys have wide powers, but they must always act in the person's best interests.
Attorneys can usually
- Sell, rent out or maintain the property.
- Pay the mortgage, bills and care fees from the person's money.
- Manage bank accounts, pensions and investments.
Attorneys cannot
- Mix the person's money with their own.
- Buy the property themselves, or sell it cheaply to family, without safeguards.
- Make large gifts. Only small gifts, such as birthday presents, are allowed without court approval.
Once registered, a financial LPA can also be used with the person's permission while they can still decide, for example while they are in hospital.
Lessons from Jean's story
Same family, same house, same stroke, two very different outcomes. The difference was an LPA made while Jean was well.
| Without an LPA | With an LPA | |
|---|---|---|
| Savings | Frozen until the court acts | Available once the bank registers the LPA |
| Care fees | Unpaid for months | Paid on time |
| Selling the house | Delayed for months | Started within weeks |
| Who decided | The court | Jean |
| Ongoing costs | Court fees, bond and yearly fees | None |
An LPA can only be made while you can still make your own decisions, so the best time to act is now.
How PJH Estate Planning can help
PJH Estate Planning can help you make both types of LPA while you are well, so your family can act quickly if they ever need to. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
- GOV.UK: Use a lasting power of attorney
- GOV.UK: Deputies: make decisions for someone who lacks capacity
Jean and her family are an illustrative example. General information for England and Wales as at October 2026. Not legal advice.