Transfer of Land....Documents...Power of attorney

[OliverW]

My mother and I are attorneys under a registered EPA (jointly and severally) for my father who has lost capacity to make decisions for himself.

We are in the process of transferring the garden area of their primary house to myself and brother. (I have already posted on this forum for tax advice of the transfer).

I have been in contact with the land registry to find out which forms we need to fill in regarding the transfer. (Forms TP1, AP1 and ID1's)

Anyway, I have 3 separate questions really:
1) With these forms should I advise them as a matter of course that we act as attorneys for my farther, who has lost capacity?
2) Does my farther still need to get ID checked for the transfer?
3) The forms seem relatively straight forward, therefore we are not using a solicitor as the transfer will be for no monetary value and is mortgage free, would someone advice if they have had past experience with this matter?

Thank you

[Lee Young]

If your father has lost capacity then by definition he can not sign the forms. You will therefore be signing on his behalf as taoonruy and ther land registry will need to see the original or certified copy of the registered power of attorye before accepting his signature in lieu of his.

Have you sought on behalf of your father the consent of the court of protection to the gift?

[OliverW]

We are currently dealing with the mountain of documents to send to the Court of Protection, but we are worried that the court will not let use transfer the land. What is the need of this as we can not find any definite information over the matter?

This area of law is extremely confusing with most places never mentioning the court of protection. What is the need of a registered EPA or LPA if the court of protection has to be told anyway? Sorry rant at the system, this is already making far to much stress for my mother (wife of 46 years I might add) to then have to look after him everyday, when if he was fine he would deal with himself.

Have you dealt with the Court of protection before? As the forms are extremely intruding into my mother and farther (obviously), but to an extent where my mother feels she will loss everything, we have read a lot of negative press regarding the CoP, even to the extend of taking use off the EPA.

[Lee Young]

You have to satisfy the court that after the gift your father will have sufficient assets and income not to affect his current and future statndard of living. As attorney you only have authority to make reasonable gifts. Therefore any gift of any real size needs the consent of the court.

The court is not the speediest of organisations, hence the bad press youwould have seen. I have considerable experience with the court and its procedures should you need professional help!

[section 44]

Why is it in your father's interest to transfer part of his land to you and your brother? The court of protection sounds like a good thing.