selling
Power of attorney selling property: what an attorney can and cannot do when selling a house
Power of attorney selling property in England and Wales: which type of power lets an attorney sell a house, the registration rule and the limits on conflicts.
- 4 min read
- Last reviewed 4 November 2026
- By Your Property Check team
Key answer
Part 1 of 7
Which powers let an attorney sell
General information, not advice. Read our Terms. Power of attorney selling property depends on the type of power and whether it is registered. This page covers England and Wales, checked on 4 November 2026. GOV.UK says a lasting power of attorney (LPA) is binding only in England and Wales, and that Scotland and Northern Ireland have different arrangements. The person who made it is called the donor.
GOV.UK describes two kinds of LPA. The property and financial affairs LPA covers money and property, including selling the donor's home. The health and welfare LPA covers decisions such as daily routine, medical care and moving into a care home, so it does not give a power to sell a house.
| Type of power | Can the attorney sell the property? | Conditions |
|---|---|---|
| Property and financial affairs LPA, registered | Yes, the Office of the Public Guardian (OPG) says an attorney may have legal authority to sell | Must be registered with OPG; act in the donor's best interests; do not use the role to benefit yourself |
| Property and financial affairs LPA, not yet registered | No | OPG says you can act under an LPA only if it has been registered |
| Health and welfare LPA | No | Covers care and medical decisions, not property |
| Enduring power of attorney (EPA) | Check the document | OPG says an unregistered EPA can be used only while the donor still has mental capacity |
| Ordinary power of attorney | Not covered by the GOV.UK pages we read | Ask a solicitor |
Part 2 of 7
Registration comes first
OPG's guide for attorneys says you can act under an LPA only if it has been registered. GOV.UK says registering costs £92 unless a reduction or exemption applies, and takes 8 to 10 weeks if there are no mistakes in the application. For a property sale on a tight timetable, that wait matters, so check the registration status before you instruct anyone. OPG says a certified copy can be used in the same way as the original.
Part 3 of 7
The duty to act in the donor's interests
OPG says the main rule is that an attorney must always make decisions in the donor's best interests. It also says the law does not allow you to use your position as an attorney to benefit yourself. In a sale, that points to getting a proper valuation and a fair market process, and keeping a record of why you made each decision. Keep the donor's money separate from your own.
Part 4 of 7
Can an attorney sell to themselves?
Not without the court. OPG lists buying a valuable item of the donor's property yourself as a case where you must apply to the Court of Protection first. It says the application costs £371, paid from the donor's funds, and that if you do not apply to the court, the LPA may be cancelled. If an attorney or relative wants to buy, take legal advice and contact OPG before any offer is accepted.
Part 5 of 7
When there is no power of attorney
GOV.UK's guide to selling a property for someone else lists three situations that add steps: selling using power of attorney, a co-owner who has lost mental capacity, and a sale after a death. If a co-owner has lost capacity, it says you will have to apply to the Court of Protection. After a death the route is probate, covered in our guide to selling a house in probate. GOV.UK says the process depends on the type of power in place.
Part 6 of 7
What the buyer's solicitor will want
We found no official list of what a buyer's solicitor asks for, so we do not state one. Expect them to want proof of the attorney's authority, and the certified copy of the registered LPA is the natural document. They will also check the usual points on the title and identity, such as the ID1 form and the transfer on the TR1 form. Ask your own conveyancer which documents they need up front and whether the sale can proceed on the registered LPA alone.
Part 7 of 7
Steps in order
- Confirm which type of power exists and that it is registered.
- Check the donor's wishes and best interests, and take legal advice if there is any conflict.
- Instruct a conveyancer and tell them about the power of attorney at the start.
- Value the home and market it in the usual way.
- If the attorney or a relative wants to buy, apply to the Court of Protection first.
For the vocabulary, see the vendor entry, and our guide to selling inherited property if the owner has died.
This page is general information, not advice.
Our take
Registration and best interests come first
Our view: an attorney can sell only under a registered property and financial affairs power, so check registration before you instruct anyone, because GOV.UK puts it at 8 to 10 weeks. Then keep a record of why each decision was made, starting with a proper valuation. The common mistake is assuming a health and welfare power covers property.
What Your Property Check adds: our free house valuation gives an honest value range from real HM Land Registry sold prices in the postcode, with the comparable sales and the working shown, so the working is there to keep with your records. The sale method comparison compares auction, estate agent and cash buyer on net proceeds and timescale.
Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.
Questions, answered
Frequently asked questions
Can someone with power of attorney sell my house?
Does the LPA have to be registered?
Can an attorney sell to themselves?
What does the buyer's solicitor ask for?
What if the owner has lost capacity and there is no power of attorney?
Where this comes from
Sources
- GOV.UK: Make, register or end a lasting power of attorney
- GOV.UK: How to be an attorney, property and financial decisions
- GOV.UK: Selling a property for someone else
Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.