Can someone with power of attorney sell a property?

In England and Wales, a registered property and financial affairs LPA is usually the authority used to sell a donor’s property, but Scotland and Northern Ireland have different registration and supervision rules. The practical answer depends on the power document, the type of ownership, and whether the transaction is a normal sale, a gift, an undervalue transfer, or a conflicted sale.

Can an attorney sell the donor's property?

In England and Wales, an attorney can sell the donor’s property if the donor has given a property and financial affairs power, it is registered, and the sale is not excluded by the document or turned into a gift, undervalue transfer or conflicted transaction. The Office of the Public Guardian says: “As an attorney, you may have legal authority to sell the donor’s property,” and HM Land Registry adds that “A lasting power must in all circumstances be registered with the Office of the Public Guardian before it can be used.” That means a brother with power of attorney for his mother can usually instruct the sale of her rental flat to pay for her care without extra court sign-off, if the LPA covers property and finances and the sale is at proper value. Court of Protection approval is needed where the transaction is really a gift, undervalue transfer or self-benefit issue; the current one-off application fee is £432, because GOV.UK says: “You must pay £432 to apply.” In Scotland, the power must be registered with the Public Guardian and sale powers are strictly read; in Northern Ireland, an EPA can expressly leave out “the power to sell your house.”

Is a letter of authority enough to sell a property for someone else?

A letter of authority is not enough to sell property for someone else in England and Wales, because a power of attorney for a land transaction must be executed as a deed, not just written as an informal permission letter. The Powers of Attorney Act 1971 states: “An instrument creating a power of attorney shall be executed as a deed by the donor of the power,” and HM Land Registry’s practice guide says: “The only strict requirement is that the donor must execute the power as a deed.” A letter of authority to sell property may let someone speak to an estate agent, collect documents or pass messages, but it does not normally let them sign a transfer, bind the owner to convey land, or act as a property and financial affairs attorney. Northern Ireland uses the same deed rule, and its Land Registry says the original power of attorney or certified copy must be produced with validity evidence. Scotland also treats powers formally, so the safest distinction is simple: a letter helps communication; a deed-backed power authorises the sale.

Can an attorney sell a jointly owned property?

In England and Wales, an attorney can help sell jointly owned property, but one person cannot normally receive the sale proceeds alone as both co-owner and attorney for the other owner, because capital money from co-owned land must be paid to at least two trustees unless a trust corporation is involved. The Law of Property Act 1925 says “the proceeds of sale or other capital money shall not be paid to or applied by the direction of fewer than two persons as trustees,” and HM Land Registry applies that rule directly to attorney sales: “a receipt clause in a disposition by joint proprietors is not acceptable if the disposition is executed by only one person both as proprietor and as attorney for the other proprietor(s), or by one person as attorney for all the proprietors.” In practice, a jointly owned sale often needs an additional trustee appointed so that two people can give a valid receipt for the buyer’s money. The LPA can still matter, but it does not remove the two-trustee receipt rule for joint proceeds.

Can a power of attorney sell property to a family member?

A power of attorney can sell the donor’s property to a family member at full value in England and Wales, because no rule bars a genuine market-value family sale; the Mental Capacity Act 2005 restriction is on gifts, not ordinary sales. Section 12 says that where an LPA gives property and affairs authority, “it does not authorise a donee … to dispose of the donor's property by making gifts except to the extent permitted by subsection (2).” That differs sharply from selling to the attorney themselves: conveyancers treat an attorney buying the donor’s property as needing Court of Protection approval even at full price, because the attorney is on both sides of the deal and has a conflict of interest. HM Land Registry also says that “a gift of the donor’s property outside the scope of section 12(2) and without the sanction of the Court of Protection will be void.” In Scotland, attorneys must not put personal interests in conflict with duties; in Northern Ireland, EPA benefit powers are limited by the instrument and by statute.

Can an attorney sell the property and keep the money?

An attorney cannot sell the donor’s property and keep the money for themselves unless the law, the power document, or a court-authorised gift permits that benefit. In England and Wales, GOV.UK tells property and financial affairs attorneys: “You must keep the donor’s finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together,” and warns: “You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself.” The same gifting guidance expressly includes sale proceeds, saying this covers “gifting the proceeds (amount received after sale) of the person’s property.” Keeping the money after a sale is therefore not a normal attorney power; it is the donor’s money and should be used for the donor’s care, debts, living costs or estate, not the attorney’s. In Scotland, attorneys “must not profit or get any personal benefit from their position,” and in Northern Ireland the Office of Care and Protection does not actively monitor EPA attorneys, so misuse is often complaint-led.

Last reviewed August 2026.

Sources

• Office of the Public Guardian LP14 — “As an attorney, you may have legal authority to sell the donor’s property.” Source
• HM Land Registry Practice Guide 9 — “A lasting power must in all circumstances be registered with the Office of the Public Guardian before it can be used.” Source
• GOV.UK Court of Protection one-off decision fee — “You must pay £432 to apply.” Source
• Adults with Incapacity (Scotland) Act 2000 s.19 — “A continuing or welfare attorney shall have no authority to act until the document conferring the power of attorney has been registered under this section.” Source
• Scottish Government code of practice for continuing and welfare attorneys — “Powers are strictly interpreted, which means that when it comes to legal interpretation of the powers granted there is no possibility of deducing implied powers.” Source
• nidirect enduring power of attorney guidance — “For example, you may wish them to handle your money but you might want to leave out the power to sell your house.” Source
• Powers of Attorney Act 1971 s.1 — “An instrument creating a power of attorney shall be executed as a deed by the donor of the power.” Source
• HM Land Registry Practice Guide 9 — “The only strict requirement is that the donor must execute the power as a deed.” Source
• Powers of Attorney Act (Northern Ireland) 1971 s.1 — “An instrument creating a power of attorney shall be executed as a deed by the donor of the power.” Source
• Department of Finance Northern Ireland land registry guidance — “It will be necessary to produce the original Power of Attorney (or a certified copy) to the Registry together with evidence of its validity (Precedent 11.A).” Source
• Law of Property Act 1925 s.27 — “the proceeds of sale or other capital money shall not be paid to or applied by the direction of fewer than two persons as trustees” Source
• HM Land Registry Practice Guide 9 — “This means that a receipt clause in a disposition by joint proprietors is not acceptable if the disposition is executed by only one person both as proprietor and as attorney for the other proprietor(s), or by one person as attorney for all the proprietors.” Source
• Mental Capacity Act 2005 s.12 — “Where a lasting power of attorney confers authority to make decisions about P's property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor's property by making gifts except to the extent permitted by subsection (2).” Source
• HM Land Registry Practice Guide 9 — “However, a gift of the donor’s property outside the scope of section 12(2) and without the sanction of the Court of Protection will be void (see Chandler v Lombardi [2022] EWHC 22 (Ch.)).” Source
• Scottish Government code of practice for continuing and welfare attorneys — “You should not take advantage of your position – nor put yourself in a position where your personal interests conflict with your duties.” Source
• GOV.UK managing a lasting power of attorney — “You must keep the donor’s finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together.” Source
• GOV.UK managing a lasting power of attorney — “You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself.” Source
• Office of the Public Guardian gifting guidance — “This includes gifting the proceeds (amount received after sale) of the person’s property.” Source
• Scottish Government code of practice for continuing and welfare attorneys — “Attorneys must not profit or get any personal benefit from their position, apart from receiving gifts where the power of attorney allows it.” Source
• Alzheimer’s Society Dementia Connect Northern Ireland EPA guidance — “The OCP doesn’t actively monitor the way an attorney acts under the EPA.” Source