My father has lost his mental capacity. I am moving him into a seniors’ residence and I need to sell his house so I can support him. Can I do it for him?

If he has an Enduring Power of Attorney (“EPA”) appointing you as his Attorney, there shouldn’t be a problem as long as the EPA states that you can sell land. It doesn’t have to refer to the address or legal description of his house specifically.  Be sure the EPA is correct, because some generic on-line forms are not correct. If the EPA does not include the ability to sell land, a Court application will be required with no guarantee of success or a timely turnaround. For more information, please call us.