LPAs and Property Sales

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

Selling someone else's home is a weighty responsibility. Whether the sale is needed to fund care home fees, downsize to more suitable accommodation, or manage the donor's financial affairs, the attorney must navigate specific legal requirements and demonstrate that the sale is genuinely in the donor's best interests. This guide covers everything you need to know about using an LPA to sell property in England and Wales.

Can an LPA Attorney Sell the Donor's Property?

Yes, an attorney with a registered Property and Financial Affairs LPA can sell the donor's property on their behalf. This is one of the core powers granted under this type of LPA, and it is one of the most common reasons families create one.

However, the attorney must always act in the donor's best interests when making the decision to sell. This means carefully considering whether the sale is genuinely necessary, whether the timing is right, and whether the sale price represents fair market value. The attorney should be able to justify the decision if it is ever questioned.

It is important to check whether the LPA contains any restrictions or conditions relating to property sales. The donor may have included specific instructions — for example, that the property should not be sold while a particular family member is living there, or that a professional valuation must be obtained before any sale. These restrictions are legally binding and must be followed.

The Conveyancing Process With an LPA

The conveyancing process when selling property under an LPA is broadly similar to a standard property sale, but with some additional requirements. You will need to instruct a solicitor or licensed conveyancer to handle the legal work, and it is important to choose one who has experience dealing with LPA property sales.

The key steps in the process include:

• Obtain a professional valuation to ensure the property is being sold at a fair price
• Instruct estate agents and a conveyancing solicitor
• Provide the solicitor with the original or a certified copy of the registered LPA
• The solicitor will verify the LPA is valid and check for any restrictions
• The attorney signs all contracts and transfer documents on behalf of the donor
• The sale proceeds are paid into the donor's account (never the attorney's personal account)

The attorney signs documents "as attorney for [donor's name]" rather than in their own name. This makes it clear that they are acting in a representative capacity. The conveyancing solicitor will guide you through the correct signing procedures.

Land Registry Requirements

The Land Registry has specific requirements for property transfers made under an LPA. Understanding these requirements helps avoid delays in the sale process.

When submitting an application to transfer ownership, the conveyancing solicitor must provide evidence of the LPA. This is typically done by submitting a certified copy of the registered LPA along with the transfer documents. The Land Registry will check that the LPA is valid, that it has been registered with the OPG, and that it gives the attorney the power to deal with property.

If there are joint attorneys who are required to act jointly, all attorneys must sign the transfer documents. If attorneys act jointly and severally, any one of them can sign. The Land Registry will check the signing arrangements match those specified in the LPA.

It is also worth noting that if the donor still has capacity at the time of the sale, the Land Registry may expect the donor themselves to sign the transfer documents, unless the donor has expressly authorised the attorney to act on their behalf even while they retain capacity (which a Property and Financial Affairs LPA permits).

Restrictions and Safeguards on LPA Property Sales

Several restrictions and safeguards apply to property sales made under an LPA, all designed to protect the donor from abuse or poor decision-making.

The most important safeguard is the best interests duty. Under the Mental Capacity Act 2005, the attorney must consider all relevant factors when deciding whether to sell, including the donor's wishes and feelings, whether the sale is necessary, and what alternatives exist. For example, if the property needs to be sold to fund care, the attorney should explore whether other funding options are available first.

An attorney must not sell the donor's property to themselves or to a family member at below market value. This would be a clear conflict of interest and could constitute abuse of the LPA. If an attorney wishes to purchase the donor's property, they should seek an order from the Court of Protection to ensure the transaction is fair and transparent.

The attorney should also consider the emotional significance of the property to the donor. A family home may hold great sentimental value, and the donor's past wishes about the property should be taken into account. See our guide on whether attorneys can sell property for more on this topic.

The Best Interests Duty in Property Sales

When selling property under an LPA, the best interests duty is particularly important. The attorney should be able to demonstrate a clear rationale for the sale. Common legitimate reasons for selling include:

• Funding residential care or nursing home fees
• Downsizing to more suitable accommodation
• The property is empty and incurring unnecessary costs
• The property requires significant repairs that are not financially viable
• Releasing equity to improve the donor's quality of life

The attorney should document their reasoning and keep records of any advice received, valuations obtained, and consultations with family members or professionals. This documentation provides important protection if the decision is ever challenged.

For further information about the financial decisions attorneys can make, see our guide on whether attorneys can make financial decisions.

What If There Is No LPA?

If the property owner has lost mental capacity and there is no LPA in place, it is not possible for anyone to sell the property on their behalf without first applying to the Court of Protection. The court can appoint a deputy with the authority to sell the property, but this process is expensive and time-consuming — often taking six months or more.

During this time, the property may deteriorate, incur costs for insurance and maintenance, and the person who needs care may be unable to access the funds tied up in the property. This situation can be extremely stressful for families and is entirely avoidable by creating an LPA while the person still has capacity.

Sale proceeds will typically need to be managed through the donor's bank accounts. Our guide on how LPAs work with banks explains how to register an LPA with financial institutions so you can manage funds smoothly.

Got Questions? Here Are the Answers

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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