Power of attorney
Can I sell my parents' house with power of attorney in Scotland?
The answer depends on what the document says and whether it is registered.
The short answer
An attorney can normally sell a property only where the power of attorney grants continuing (financial) powers that cover heritable property, and where it is registered with the Office of the Public Guardian in Scotland. The attorney must act in the granter's interests, not the family's. Where no power of attorney exists and the owner has lost capacity, a guardianship order through the sheriff court is usually required.
What this means
Scotland distinguishes continuing powers, which cover property and finance, from welfare powers, which cover care decisions. Only the former is relevant to selling a house.
A power of attorney has to be registered with the Office of the Public Guardian before it can be used. A solicitor acting in the sale will check this at the outset.
The attorney's duty is to the granter. Proceeds belong to the granter and are used for their benefit — including funding care — not distributed to the family.
Your possible options
These are possibilities to consider, not recommendations. Which of them fits depends on your own circumstances.
Sell using registered continuing powers
Where the document covers heritable property and is registered, the attorney can instruct a solicitor and sell in the ordinary way.
Specialist advice: The solicitor will need to see the registered power of attorney.
Apply for guardianship
Where the owner has lost capacity and no suitable power of attorney exists, a financial guardianship order from the sheriff court is the usual route.
Specialist advice: This is a court application and takes time; a solicitor is required.
Wait if capacity is retained
If the owner still has capacity, they sell in their own name and the attorney is not needed for the transaction.
Keep the property and let it
Where care costs can be met another way, retaining the property is sometimes preferred. Letting brings landlord obligations.
Specialist advice: Care funding and benefits assessments should be checked first.
What should I do first?
- Read the power of attorney and identify whether it grants continuing financial powers.
- Confirm it is registered with the Office of the Public Guardian.
- Ask a solicitor to confirm the powers cover the sale of heritable property.
- Keep clear records showing the sale is in the granter's interests.
- Check how proceeds will interact with care funding before committing to a sale.
- Arrange the Home Report and market the property in the ordinary way.
You may need specialist advice
Lothian Property publishes property information. It is not a law firm, lender, financial adviser or estate agent, and the professionals below are independent of us.
- Scottish solicitor
- Scots property law differs from England and Wales. A solicitor regulated by the Law Society of Scotland can advise on your specific position.
- Conveyancing solicitor
- In Scotland a solicitor normally handles missives, title and settlement, and often the marketing too.
- Tax adviser or accountant
- Capital gains, inheritance tax and Additional Dwelling Supplement depend on your own circumstances.
What to do next
Understand your property position first
Tell us about the property and what has changed. We will set out what the information says, with no obligation to sell and no pressure to decide anything today.
Common questions
- Does a power of attorney let me sell my parent's house?
- Only if it grants continuing powers extending to heritable property and it is registered with the Office of the Public Guardian. A solicitor checks this before a sale proceeds.
- What if there is no power of attorney?
- Where the owner no longer has capacity, an application for financial guardianship through the sheriff court is normally needed. It takes time, so it is worth starting early.
- Who gets the money from the sale?
- The granter. The attorney holds and applies the proceeds for the granter's benefit and must keep records. It is not family money while the granter is alive.
Sources
- Office of the Public Guardian (Scotland) — government
- Law Society of Scotland — find a solicitor — professional body
- Scottish Government — buying and selling a home — government
- Citizens Advice Scotland — charity
Related situations and guides
About Lothian Property
An independent starting point, not an estate agency
Lothian Property is an independent property information and introduction service. We are not an estate agency. We help homeowners understand their property, their options and their local market, and — where appropriate and only with your permission — introduce them to independent estate agents and other property professionals who can assist.
How Lothian Property worksPrepared by Lothian Property. Information last reviewed 2026-09-04; next review due 2027-03-04. General property information for Scotland, not legal, tax or financial advice. Editorial policy.