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LPA and Property — How Power of Attorney Handles Property Decisions

Legal Guide8 min read14 April 2026

Quick Answer

A Property and Financial Affairs LPA gives your attorney legal authority to manage your property on your behalf. This includes selling your home, managing rental properties, paying your mortgage, and dealing with property maintenance — but only if the LPA is registered and the attorney acts in your best interests.

Key Facts

  • Only a Property and Financial Affairs LPA covers property decisions
  • The LPA must be registered with the OPG before it can be used
  • Attorneys must act in the donor's best interests at all times
  • A property can be sold by attorneys to fund care costs
  • Attorneys can manage rental properties, collect rent, and arrange repairs
  • The Land Registry accepts registered LPAs as proof of authority
  • Restrictions can be added to prevent property sale without consent of all attorneys

What property decisions can an LPA attorney make?

A registered Property and Financial Affairs LPA gives your attorney broad authority over your property and financial matters. In relation to property specifically, this can include:

  • Selling your home or other properties
  • Buying property on your behalf
  • Managing rental properties — collecting rent, arranging repairs, dealing with tenants
  • Paying your mortgage, council tax, and utility bills
  • Remortgaging or releasing equity from your home
  • Dealing with the Land Registry
  • Arranging property insurance
  • Making decisions about property maintenance and improvements

Can an attorney sell the donor's house?

Yes, an attorney acting under a registered Property and Financial Affairs LPA can sell the donor's property. This is one of the most common reasons an LPA is used — for example, when someone needs to move into a care home and their house needs to be sold to fund the care fees.

However, the attorney must act in the donor's best interests. This means:

  • Selling the property must genuinely benefit the donor
  • The attorney should obtain a proper market valuation
  • The sale price should reflect the property's market value
  • The proceeds must be used for the donor's benefit, not the attorney's

If you are concerned about your property being sold unnecessarily, you can add specific instructions to your LPA. For example, you could instruct that your home should only be sold if you need residential care, or that all attorneys must agree before a property sale. Learn more in our guide to LPA preferences and instructions.

How does the Land Registry handle LPAs?

When an attorney needs to deal with property registered at the Land Registry, they must provide evidence of their authority. The Land Registry accepts a registered LPA as proof that the attorney has authority to act.

For property transactions, the attorney should:

  • Provide a certified copy of the registered LPA to the conveyancer
  • Register a restriction on the property's title if appropriate
  • Sign documents as attorney — for example, "John Smith as attorney for Jane Smith under a registered LPA dated [date]"

What about jointly owned property?

If the property is owned jointly — for example, by a married couple — the attorney can only deal with the donor's share of the property. If both owners want to protect their property interests, both should make LPAs. Read our guide on LPAs for married couples for more detail.

Can attorneys manage rental properties?

Yes. If the donor owns rental properties, the attorney can:

  • Collect rent from tenants
  • Arrange and pay for repairs and maintenance
  • Deal with letting agents
  • Renew or terminate tenancy agreements
  • Handle tenant disputes
  • Pay landlord insurance, mortgage payments, and other property costs

This is particularly important for landlords who become incapacitated — without an LPA, tenants may stop paying rent, repairs may not be done, and the property could deteriorate.

How much does it cost to set up an LPA for property?

myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.

A single Property and Financial Affairs LPA costs £39 to generate with myLPA Guide, plus £92 for OPG registration. If you also want a Health and Welfare LPA (recommended), both documents cost £69. Solicitors typically charge £400-£900 for the same service.

What safeguards protect property from attorney misuse?

Several safeguards exist to prevent attorneys from abusing their property powers:

  • Best interests duty — attorneys must always act in the donor's best interests
  • Instructions — you can add legally binding instructions, such as "my attorneys must not sell my home unless I need residential care"
  • Joint attorneys — requiring all attorneys to agree before making major property decisions
  • People to be told — named individuals who are notified when the LPA is registered and can raise objections
  • OPG oversight — the Office of the Public Guardian supervises attorneys and investigates concerns

You can start your free LPA questionnaire today and see exactly how these safeguards work in practice.

What about property and inheritance?

An attorney managing property under an LPA must focus on the donor's needs during their lifetime. They cannot make gifts of property or plan for inheritance unless the LPA specifically allows small gifts. For more on this topic, see our guide to LPA and inheritance planning.

Frequently Asked Questions

Can an LPA attorney sell my house?

Yes, an attorney acting under a registered Property and Financial Affairs LPA can sell your property, but only if it is in your best interests. You can add instructions to your LPA to restrict or guide this power — for example, only allowing a sale if you need care home funding.

Do I need to tell the Land Registry about my LPA?

The Land Registry will need to see a certified copy of the registered LPA when your attorney deals with your property. You can also proactively register a restriction on your property title to provide extra protection.

Can my attorney remortgage my home?

Yes, if it is in your best interests. For example, remortgaging to release equity to pay for care could be appropriate. However, the attorney must be able to demonstrate that the decision benefits you.

What if I jointly own my property?

Your attorney can only deal with your share of the property. If the property is jointly owned, both owners should ideally have their own LPAs. A joint owner can continue to manage their own share independently.

Can I prevent my attorney from selling my property?

Yes. You can add a binding instruction to your LPA such as "my attorneys must not sell my property" or "my property may only be sold if I require residential care." Instructions are legally binding on your attorneys.

What happens to my property if I do not have an LPA?

If you lose capacity without an LPA, nobody can sell, manage, or make decisions about your property until the Court of Protection appoints a deputy. This process takes months and costs over £1,000.

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