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Does anyone have access to Emmet & Farrand, its the bit below that Im interested in
The Law of Property Act 1925 S22(2) (as amended) originally required that a joint legal owner of property who has lost mental capacity must be removed from the legal title before any dealing can take place. This is not required where there is an attorney appointed under an enduring power of attorney who can act in a property transaction for such a person. Therefore, if there is no existing enduring power of attorney that is registered at the Court of Protection, the mentally incapable person must be removed from the legal title for any dealing with the legal title to be valid. See Emmet and Farrand on title 12.138..
The Law of Property Act 1925 S22(2) (as amended) originally required that a joint legal owner of property who has lost mental capacity must be removed from the legal title before any dealing can take place. This is not required where there is an attorney appointed under an enduring power of attorney who can act in a property transaction for such a person. Therefore, if there is no existing enduring power of attorney that is registered at the Court of Protection, the mentally incapable person must be removed from the legal title for any dealing with the legal title to be valid. See Emmet and Farrand on title 12.138..
