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Doctor advises me that my husband does not have capacity to make an LPA after having a stroke. How do I access his bank accounts and or sell our home so that we can downsize?

It is important that Lasting Power of Attorney’s (LPA’s) are put in place at a time before they become necessary. We advise clients to put them in place at the same time of making a will.

If an LPA is not an option, there is an alternative. You could apply to the Court of Protection to ask them to appoint you to manage your husband’s finances, but this is generally quite a prolonged and expensive process.

The Court of Protection is a specialist court that makes decisions on behalf of people who cannot decide for themselves.  

If you own your property jointly you will need a separate Court order to give permission to sell the property and to appoint a trustee to act on your husband’s behalf in the sale of your home.  This could be the solicitor who is acting in the sale for you.  There is a separate Court fee for this, but you can apply for both at the same time.

If you have found yourself in this situation, I would advise you to see a specialist who can talk you through the steps involved, the time scales and the costs. 

If you would like a chat about Lasting Powers of Attorney or Court of Protection matters, please feel free to contact me for a free 30-minute consultation.

Sophie Campbell

01637 800 306

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