What do Property and Financial Affairs LPAs mean for property owners?
Author: Chris Watts — Will Writer, Fern Wills & LPAs
Last verified: 27 August 2025 (England & Wales)
Quick-read summary
A Property and Financial Affairs Lasting Power of Attorney (often shortened to “Property & Finance LPA”) lets your chosen attorney handle money matters and property on your behalf.
For property owners, one key rule often causes problems: two signatures are always needed to sell jointly owned property. Without careful drafting, this can block a sale — even if the sale is clearly in the owner’s best interests.
This article explains how LPAs interact with property ownership, why two signatures are required, and how to set things up properly to avoid future difficulties.
Practical checklist
When setting up a Property & Finance LPA, property owners should think about:
- ✅ Joint ownership — each property share requires its own attorney signature.
- ✅ Number of attorneys — consider appointing at least two, or allowing “joint and several” powers.
- ✅ Replacement attorneys — cover the risk if your first choice is unable or unwilling to act.
- ✅ Property trusts — if your home is held in trust (e.g. via a life interest clause), sales need extra care.
- ✅ Court of Protection fallback — without a valid LPA, a Deputy must be appointed, delaying any property transaction.
What to consider
- Two signatures rule: By law, property held in joint names is treated as a trust. Selling it requires two trustees. An LPA does not remove this rule.
- One spouse as attorney is not enough: If you and your partner each own a share and appoint each other as sole attorneys, you may hit problems if one loses capacity. A second signature is still needed.
- General Power of Attorney vs LPA: A General Power of Attorney (short-term, only while you have capacity) can also authorise property decisions — but unlike an LPA, it automatically ends if you lose capacity.
- Court applications: If no LPA is in place, selling a jointly owned property may require the Court of Protection to appoint a Deputy or issue an order, adding cost and delay.
How this works in real life
Mr and Mrs Cole owned their home jointly and each made a Property & Finance LPA appointing the other as attorney.
When Mrs Cole developed dementia, Mr Cole tried to sell the house to downsize. He discovered he couldn’t sign the contract for both of them — a second trustee was required. Fortunately, their LPA included their daughter as a replacement attorney, so she was able to step in.
If she hadn’t been appointed, the family would have needed a costly and time-consuming Court of Protection application.
FAQs
Do I need two attorneys if I own property jointly?
Yes. Because two signatures are needed on sale, it’s wise to appoint more than one attorney, or to allow them to act “jointly and severally.”
What happens if my only attorney is unable to act?
If no replacement is named, you may be left without anyone authorised — meaning a court application is required.
Can my attorney sell my house without my consent?
Only if you’ve lost capacity or authorised them to do so while you still have capacity. Attorneys must always act in your best interests.
Does an LPA override a Will trust?
No. If your Will creates a trust over property (for example, a life interest trust), the attorneys must act within that framework.
What if attorneys disagree about selling property?
If attorneys are appointed jointly, they all have to agree. If appointed jointly and severally, one can proceed alone. If there is a dispute, the court can intervene.
Optional Technical Notes (for those who want the detail…)
- Trustee rule: Section 36(1) Trustee Act 1925 requires at least two trustees to give a valid receipt for capital money, hence the two-signature requirement.
- LPA Regulations: Governed by the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007.
- Life Interest Trusts: Stepchildren cannot force a sale if a surviving spouse has a life interest, unless the court decides it is necessary and in the trust’s best interests.
Next steps
Thinking about how your home might be managed if you lose capacity is vital. At Fern Wills & LPAs, we can help you:
- structure your LPA to avoid blockages,
- ensure replacement attorneys are appointed, and
- coordinate your Will and trusts with your LPA.
📞 Get in touch with Fern Wills & LPAs to discuss the right LPA structure for your family.
