Areas of Law / General Legal Advice

My husband has suffered a stroke and cannot now speak or write. We have been offered sheltered housing, but my husband cannot sign the papers to sell the house we jointly own. Nor is he in a position to grant me power of attorney to sign on his behalf. Can you help us?

Your husband can make a lasting power of attorney if he is capable of understanding the document and indicating that he understands it, if only by nodding his head. It could be signed on his behalf in the presence of two witnesses. In such cases it is a good idea for his GP to witness the document to confirm his mental capacity. If this fails you will need to apply to the Public Guardianship Office in order to deal with your husband’s affairs. In that case see a solicitor.

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