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NSW Can Sibling with Power of Attorney Sell House Without Consent?

Discussion in 'Wills and Estate Planning Law Forum' started by jordan64, 5 May 2016.

  1. jordan64

    jordan64 Member

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    Can the person who has Power of Attorney (eldest daughter & eldest of 4 siblings) put the mother's house up for sale without the mother's consent or knowledge even if the mother is not mentally capable of giving consent due to having Alzheimers & is in long-term care in the hospital ? Also, can the house be sold without all siblings being told of the sale?
     
  2. Rod

    Rod Well-Known Member

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    Depends on the wording in the power of attorney. Is the power a general power of attorney for everything, or limited in some way.
     
  3. jordan64

    jordan64 Member

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    I'm pretty sure it's to handle mum's finances while she is still alive, like paying bills, rates, etc
     
  4. Rod

    Rod Well-Known Member

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    You need to be more precise before people here can help you.

    Some powers of attorney will allow for the sale of the house, others won't.

    re: advising siblings, generally this is not required, however the power of attorney may provide for this to be done. It all comes back to the wording of the power of attorney.

    re: Sale of house. Sibling should consult from a family perspective, but it may not be a legal requirement.
     
  5. jordan64

    jordan64 Member

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    I'm not talking to my siblings due to the sale of the house. How do I find out what the PoA in this case includes?
     
  6. Mary W

    Mary W Well-Known Member

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    Presumably the sale would have been handled through a solicitor who would have needed to see the Power of Attorney. The solicitor would also have had the POA registered to allow a sale of real estate. I know this because I have just had to do it.

    Legally there is no need to consult the family as the POA must act in the interests of the person for whom they have the POA, not the family and not themselves.

    Selling a family home is a big deal but sometimes the economic realities, especially if someone is in aged care, which costs a fortune, mean it has to be done. Sorry that it has come to this for you.
     
  7. jordan64

    jordan64 Member

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    Thanks for your help
     

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