A power of attorney is a legal document that allows one person (the attorney) to make decisions and take actions on behalf of another person (the donor). In property transactions, this means the attorney can buy, sell, mortgage, or manage property as if they were the owner.\n\nTypes of Power of Attorney — Ordinary Power of Attorney: a temporary arrangement for specific transactions. Often used when someone is abroad and needs a property transaction completed in their absence. It ceases to have effect if the donor loses mental capacity. Lasting Power of Attorney (LPA) for Property and Financial Affairs: a permanent arrangement that continues even if the donor loses mental capacity. Must be registered with the Office of the Public Guardian before it can be used. This is the appropriate type for managing property affairs of elderly or vulnerable family members.\n\nRegistering an LPA — An LPA must be completed on the official form, signed by the donor while they still have mental capacity, witnessed, and signed by a certificate provider (someone confirming the donor understands the LPA). It must then be registered with the Office of the Public Guardian, which takes 8 to 12 weeks and costs 82 pounds. It cannot be used until registration is complete. If the donor has already lost capacity, it is too late to create an LPA. The only option is a deputyship order through the Court of Protection, which is more expensive (application fee 371 pounds plus ongoing supervision fees) and time-consuming.\n\nSelling Property Under a Power of Attorney — The attorney can sell the donor's property if the LPA grants this power. The conveyancing solicitor will need to see the original or certified copy of the registered LPA. The attorney signs all documents on behalf of the donor, adding their own name and capacity. The buyer's solicitor will verify the LPA is valid and registered. Most transactions proceed normally, though some delays occur while verification is completed.\n\nBuying or Mortgaging — An attorney can take out a mortgage on behalf of the donor, but lenders are cautious. Most mainstream lenders require the LPA to be registered, legal confirmation that the mortgage is in the donor's best interests, and often a certificate from a solicitor confirming the attorney is acting properly. Not all lenders will lend to attorneys. Those that do may require additional documentation and take longer to process.\n\nMortgage Payments and Arrears — If you are managing mortgage payments for someone under an LPA and they fall into difficulty, you have the same rights to negotiate with the lender as the borrower would. Contact the lender, explain the situation, and explore the same options (payment holiday, term extension, interest-only switch) available to any borrower in difficulty.\n\nProtecting the Donor — The attorney has a legal duty to act in the donor's best interests, keep the donor's money separate from their own, keep records of all financial decisions, and not make gifts from the donor's assets beyond customary amounts (birthday and seasonal gifts). The Office of the Public Guardian can investigate complaints about attorneys. Abuse of a power of attorney is a criminal offence.\n\nPractical Advice — Arrange an LPA while the person is well and has full mental capacity. Waiting until a crisis makes the process more difficult and expensive. Choose an attorney who is trustworthy, financially competent, and available. Consider appointing two attorneys who must act jointly (providing a safeguard against abuse) or jointly and severally (providing flexibility). Keep the registered LPA in a safe place and inform the donor's solicitor and bank of its existence.