Is it safe to buy a house from warring siblings?
Owen Byrne Partner &
In an article for the Sunday Times, Partner Owen Byrne answers a reader’s question regarding the purchase of a house being sold by an individual on behalf of their mother, who is no longer able to make decisions. The conflict arose when the buyer discovered that the purchase was not supported by the latter woman’s other children, and the reader asked whether the children would be able to block the sale.
Highlighting the importance of acting in the best interests of the lady (the donor) who made the lasting power of attorney (LPA), Owen Byrne states:
‘If the sale of the family home is the only way to pay for the required care, the attorney is left with little choice. A stark financial situation often leaves no room for emotion.
The donor will have had her reasons for choosing one of her children and it might be a source of tension between siblings. But there is a big difference between sibling disagreement over what is best for a parent and accusations of abuse of power by an attorney. The latter can be reported to the safeguarding unit of the Office of the Public Guardian (OPG). The siblings could, ultimately, apply to the Court of Protection for an injunction to stop the attorney selling, but this would be a rare and expensive step.’
Subscribers can access the whole article on the Sunday Times website.
