Can an Attorney Sell Your Property?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

For many people, the family home is their most valuable asset — and the idea that someone else could sell it is understandably unsettling. The reality is that an attorney appointed under a Property and Financial Affairs LPA does have the legal authority to sell the donor's property. But this power is not a blank cheque. There are important conditions, safeguards, and restrictions that apply, and the donor can set specific limits when creating the LPA.

The Legal Authority to Sell Property

A Property and Financial Affairs LPA grants attorneys broad authority over the donor's financial and property matters. This includes the power to buy, sell, rent, or mortgage property on the donor's behalf. Once the LPA is registered with the Office of the Public Guardian (OPG), the attorney can present it to estate agents, solicitors, and the Land Registry as evidence of their legal authority to act.

The attorney does not need separate court approval to sell property — the registered LPA itself is the legal authority. However, this does not mean the attorney can sell at will or for their own benefit. Every decision must comply with the overarching principles of the Mental Capacity Act 2005.

The Best Interests Test for Property Sales

The most important safeguard is the attorney's legal duty to act in the donor's best interests. Before selling any property, the attorney must genuinely consider whether the sale is necessary and beneficial for the donor. Common situations where a property sale might be in the donor's best interests include:

• Funding care costs — if the donor needs residential care and the property is their main asset, selling may be the only way to pay for it
• Downsizing — if the donor can no longer manage a large property, moving to a smaller home may be appropriate
• Maintenance issues — if the property is falling into disrepair and the cost of upkeep is unsustainable
• Debt repayment — if the donor has debts that need to be settled
• Safety concerns — if the property is no longer safe or suitable for the donor

The attorney should also consider the donor's emotional attachment to the property. A family home often has deep sentimental value, and an attorney should not treat the decision to sell lightly. If the donor has expressed a strong wish to remain in their home, the attorney should exhaust all other options before considering a sale.

How Donors Can Restrict Property Sales in the LPA

When creating your LPA, you have the option to include specific instructions that restrict your attorney's powers regarding property. These instructions are legally binding and the attorney must follow them. Examples include:

• "My attorney must not sell my home at [address] unless it is necessary to fund my care."
• "My attorney must obtain two independent valuations before selling any property."
• "My attorney must consult my children before making any decision about selling my home."
• "My attorney must not sell my property for less than the independently assessed market value."

You can also include preferences, which are not legally binding but guide the attorney's decision-making. For example: "I would prefer to remain in my home for as long as possible." While preferences do not have the force of law, a good attorney will take them seriously and treat them as an expression of the donor's wishes.

The Practical Process of Selling

When an attorney sells property on behalf of a donor, the practical process is similar to any normal property sale, with some additional steps:

• Instructing an estate agent — the attorney appoints an estate agent and provides a certified copy of the registered LPA as proof of authority
• Instructing a conveyancing solicitor — the solicitor will handle the legal aspects of the sale. They will require sight of the LPA and may carry out additional checks
• Obtaining a market valuation — ideally from at least two independent sources to demonstrate the property is being sold at a fair price
• Signing documents — the attorney signs the contract and transfer deed on behalf of the donor, clearly noting they are signing as attorney
• Land Registry registration — the buyer's solicitor registers the change of ownership. The Land Registry will want to see the LPA

The sale proceeds belong to the donor and must be held in the donor's accounts, not the attorney's personal accounts. The attorney must keep detailed records of the transaction, including valuations, correspondence, and the reasons for the sale.

What If the Donor Still Has Capacity?

If the donor still has mental capacity, the attorney should involve them fully in any decision to sell property. The LPA does not override the donor's right to make their own decisions while they are capable of doing so. The donor can refuse to allow the sale, and the attorney must respect that decision.

In practice, an attorney might help a capable donor with the practicalities of selling — dealing with estate agents, managing paperwork, and handling the legal process — while the donor retains ultimate control over the decision itself.

What Attorneys Must Not Do

There are clear boundaries on what an attorney can do when it comes to property. For a full overview, see our guide on what attorneys are not allowed to do. In the context of property sales:

• An attorney must not sell the property to themselves or a family member at below market value
• An attorney must not use the sale proceeds for their own benefit
• An attorney must not ignore restrictions set out in the LPA document
• An attorney must not sell property simply because it would be convenient for them or benefit them financially

Quick Answers on Attorneys Selling Property

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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