Buying or Selling Property with a Lasting Power of Attorney

26th September 2025 | Shen Hussein | Residential Real Estate, Lasting Power of Attorney, Property

If you are buying or selling a home for someone else, or if you need someone to act on your behalf, a Lasting Power of Attorney (LPA) can make this possible. However, using an LPA in property transactions involves more than simply signing documents for someone else. There are specific legal requirements, and HM Land Registry will only accept documents that meet their strict standards.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document allowing someone you trust (your attorney) to make decisions for you. In property and financial matters, this includes signing contracts, completing sales, or buying a home. An LPA must be registered with the Office of the Public Guardian before it can be used. Once registered, it remains valid until revoked or until the donor passes away.

Can You Buy or Sell a Property Using an LPA?

Yes, this is a common scenario. For example, you may need to sell a parent’s home if they have moved into care, or you might be living abroad and want someone in the UK to handle the purchase of your new house. The key is that the LPA must be properly registered and give the attorney clear authority to deal with property and land.

How to Prove an LPA is Valid – Getting an Access Code

The Office of the Public Guardian (OPG) offers an online service that makes it quicker and easier to prove an LPA is valid. The donor or attorney can request a secure access code at www.gov.uk/view-lpa. This code can then be shared with organisations such as banks, solicitors, or care providers, who can view a digital summary of the registered LPA.

While the access code is a useful tool for many organisations, HM Land Registry still requires a certified copy of the LPA to be lodged with applications. This is because the Registry must hold documentary evidence on file and cannot rely solely on the online summary.

For attorneys, it is still sensible to request an access code in advance, as it can speed up checks with other organisations involved in the transaction. However, when registering a property transfer or mortgage, a certified copy of the LPA must still be provided to Land Registry.

What Does HM Land Registry Need?

When an attorney signs a transfer deed, mortgage, or other legal document, the Land Registry will usually ask to see the registered LPA (or a certified copy). If the LPA is more than a year old, they may also want confirmation that it has not been revoked. If anything is missing or unclear, the Land Registry may raise queries, potentially delaying the transaction.

What About Jointly Owned Property?

If the property is jointly owned, the rules can be more complex. A sole attorney cannot always give a valid receipt for the sale proceeds, so in some cases, more than one attorney or a trustee may need to be involved. Getting this right is crucial to avoid problems later on.

What If the Donor Has Lost Capacity?

One of the main benefits of an LPA is that it can still be used if the donor loses mental capacity. Provided the LPA is registered and valid, the attorney can complete the transaction. Buyers and lenders are also protected if they rely in good faith on a registered LPA, meaning the purchase remains secure even if issues with the document come to light later.

How We Can Help

Using an LPA in property transactions requires careful handling, but with the right legal advice, the process can run smoothly. Our Residential Property team regularly advises attorneys and families on sales and purchases involving a Power of Attorney. Whether you are selling a parent’s house under an LPA or buying a home while living abroad, we can guide you every step of the way.