When someone can’t sell their own property — whether through illness, absence, or another reason — a Power of Attorney (POA) allows a trusted person to manage the sale on their behalf.

At Hastings Legal, we regularly guide attorneys through the process from start to finish. This guide explains how it works, what to check before you begin, and how our integrated service can save time, reduce stress, and keep the sale moving.

1. Understanding the Power of Attorney

A Continuing Power of Attorney gives legal authority to deal with a person’s financial affairs, which can include selling property.

Before starting the sale, make sure:

• The POA specifically authorises the sale of heritable property (land or buildings).
  
• The document is registered with the Office of the Public Guardian — until it’s registered, it can’t be used.
  

Ron’s take: “A POA without the right wording is like a key that only opens the garden gate — it won’t get you in the front door.”

2. Managing the Sale When the Owner Can’t or Won’t Be Involved

Some owners are content for their attorney to handle everything. Others prefer updates or to stay involved where possible.

• Keep them informed to the extent they are able and willing.
  
• If viewings cause anxiety or are impractical, we can arrange accompanied viewings so they don’t need to meet buyers directly.
  
• We can handle all communication with interested buyers and other solicitors so nothing is overlooked.
  
• We can only take instructions from the appointed attorney named in the registered POA. This ensures we act in line with the legal authority in place.
  

Ruth’s view: “It’s not about excluding them — it’s about removing pressure so the sale can move forward without unnecessary upset.”

3. The Hastings Legal Advantage

Because Hastings Legal offers both estate agency and legal services, we can manage the whole process in one place:

• Arrange the Home Report for you and liaise directly with the surveyors.
  
• Prepare property details and market the home to the right audience.
  
• Organise and carry out accompanied viewings where needed.
  
• Manage offers and negotiations with your best interests in mind.
  
• Complete the legal conveyancing to transfer ownership.
  

Ron’s view: “When the legal and property teams are part of the same service, you don’t just save time — you remove half the risk of things getting lost in translation.”

You only need to explain the circumstances once. Our property and legal teams work together seamlessly, keeping you updated without unnecessary duplication or delay.

4. If the Owner Passes Away Before Completion

A POA ends immediately on the owner’s death. At that point, the executor named in the Will takes over.

If you are both attorney and executor, you will continue the process in your role as executor — but your legal authority changes. We ensure the transition is handled correctly without losing progress on the sale.

5. If There’s No Power of Attorney in Place

If the owner has lost capacity and no POA exists, you will need to apply for Guardianship through the Sheriff Court. This process is more complex, more expensive, and can take months — delaying any planned sale.

The sooner a POA is put in place, the better. If you think you may need to sell on someone’s behalf, contact Hastings Legal as early as possible so we can help you get the right authority in place before it becomes urgent.

We Can Help

If you’re selling a property using a Power of Attorney — or you think you might need one — Hastings Legal can guide you through every stage. We’ll make sure the POA is valid, arrange the Home Report, handle marketing and viewings, and complete the legal work to transfer ownership.

Call 01573 226999 or email enq@hastingslegal.co.uk to speak to our team.