How to get authority to sell property on another’s behalf?

UPDATED: Oct 6, 2011

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How to get authority to sell property on another’s behalf?

My dad lives in Britain and has Alzheimer’s. He owns a property in the US. I have a British Power of Attorney but not one in that state in which the property is located. Also, my father is too far gone to now obtain one. Is guardianship the only option in order to sell his property to pay for his care costs?

Asked on October 6, 2011 under Estate Planning, District of Columbia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you father resides in Great Britain and is in no shape to knowingly sign a new power of attorney, your best option is to consult with an attorney experienced with powers of attorney and the requirement for them to be valid in the state where your father's real property is located in this country. Potentially the British power of attorney may comply with the requirements for a valid power of attorney allowing you to sell the parcel that you have inquired about.

If not, and you need to sell the property in the United States, most likely you will need to have a conservatorship established as to your father's assets and himself as well. Given the fact that he is residing outside this country, the proceeding which is expensive and time consuming will have to be done in Great Britain.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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