My Dad Mum and brother were buying a house my Dad has since died and Mum now in a home all 3 names are XXXXX XXXXX proprietorship register now my brother wants to sell the house for him self he his taking money out of her account to pay towards the mortage we both have power of attoney can he do this as would it be part of my Mums estate many thanks XXXXX
Hello Nigel,I will do my best to help you with this.Your brother cannot use the PoA for his own benefit. That is in place so that he can do what is necessary to assist your mother. Using some of your mother's money to pay towards the mortgage is acceptable so long as it is proportionate to her share. He will not be able to sell the house without the agreement of the executors of your father's estate as your father is still named as a proprietor. Nor could he simply use his PoA to sign on behalf of your mother in transferring the property - not unless it is in her best interests/what she wants and you agree (as joint PoA). Hope this helps. Please rate me OK SERVICE or above and I will gladly answer your follow up questions. John
My mum as bad dementia and cant remember much above 15 seconds would this alter anything many thanks
That may well mean that your mother is not capable (lacks capacity) to make any decisions herself but it does not change the fact that any decisions made by you or your brother, on her behalf, must be made in her best interests. If decisions are being made by your brother which are not in her interest, you may need to apply to the Court of Protection to have him his power of attorney revoked, so that you make the decisions in future. John
Dad and Mum made a will but no trace of it do you no if there is any way of finding who it was made with many thanks for your help
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