Lasting Power of Attorney and Moving a Parent: What to Know

Short answer: if an older parent can make their own decisions, a move can be planned with their agreement and your help. If they can no longer decide about selling a home or managing money, someone usually needs legal authority to act for them, most often through a registered Lasting Power of Attorney (LPA). This is general information for England and Wales, not legal advice.

Why Lasting Power of Attorney comes up when a parent moves

Moving a parent often involves selling a home, paying for a new one or care, and managing bills while the sale completes. These are decisions the parent has to make themselves, or someone else needs the legal right to make on their behalf. GOV.UK explains that a lasting power of attorney lets you appoint people to make decisions for you if you cannot, or no longer want to.

The two types of LPA in England and Wales

Property and financial affairs. Covers money and property decisions, which can include selling a home.
Health and welfare. Covers decisions about care, medical treatment and where someone lives. It can only be used when the person has lost the capacity to make those decisions.

An LPA has to be made while the person still has the mental capacity to make it, and registered with the Office of the Public Guardian before it can be used. See GOV.UK's guide to making a lasting power of attorney.

If there is no LPA and capacity has been lost

In England and Wales, family cannot automatically act for a parent who has lost capacity. You may need to apply to the Court of Protection to be appointed as a deputy, which GOV.UK describes here. It takes time and costs money, so it is worth speaking to a solicitor as soon as you notice a parent finding decisions difficult.

Practical points for a move

Check who holds an LPA, whether it is registered, and which type it is, before agreeing a sale or move date.
An attorney must act in the person's best interests, so involve your parent in the choices wherever they can take part.
Keep records of decisions and money spent on their behalf.
If your parent lives in Scotland or Northern Ireland, different systems and terms apply.

Where Chayce fits

Chayce coordinates the practical side of a later-life move: sorting, packing, the removal, and liaison with your estate agent and solicitor. We are not legal advisers and cannot advise on powers of attorney. If someone holds a Lasting Power of Attorney or is helping to make decisions, please tell us at the start so that decisions are made by the right person. See our trust and safeguarding page and moving an elderly parent. To talk through your own situation, get in touch.

Sources

Rules and fees can change. This article is general information, not legal advice. Speak to a solicitor about your parent's circumstances.

Common questions

Do I need a Lasting Power of Attorney to help my parent move?

Not if your parent has capacity and is making their own decisions with your help. A Lasting Power of Attorney matters if they can no longer make certain decisions themselves, for example selling their home or managing money.

What is the difference between the two types of Lasting Power of Attorney?

In England and Wales, a property and financial affairs LPA covers decisions such as selling a home and managing money. A health and welfare LPA covers decisions about care and where someone lives, and can only be used if the person lacks capacity to decide.

What if my parent has lost capacity and there is no Lasting Power of Attorney?

In England and Wales you may need to apply to the Court of Protection to be appointed as a deputy, which takes time and cost. Speak to a solicitor early.

Do the rules differ in Scotland and Northern Ireland?

Yes. Scotland and Northern Ireland have their own systems and terms, so check the rules that apply where your parent lives.